Posted on Feb 16, 2016
Do you believe the Constitution should be approached from an "originalist" or from a "pragmatic" perspective??
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How do you believe the Constitution should be interpreted? As the Framers intended it to be understood. As it's text is reads in literal terms absent original context or case law. Or, as a ever-evolving reference point influenced by case law, judicial review, and the changing beliefs of the People?
CPT L S, CPT Jack Durish , LTC Stephen C. , TSgt Hunter Logan , PO2 Ed C., COL Mikel J. Burroughs, MAJ Robert (Bob) Petrarca CDR Michael Goldschmidt
CPT L S, CPT Jack Durish , LTC Stephen C. , TSgt Hunter Logan , PO2 Ed C., COL Mikel J. Burroughs, MAJ Robert (Bob) Petrarca CDR Michael Goldschmidt
Constitution
American History
Law
Posted 9 y ago
Responses: 25
It is society's responsibility to update, change, and amend the Constitution through due process to make it fit its needs. That is why the Constitution is amendable. It should not however be the court's job to change the "interpretation" of one thing to mean something it clearly did not. That's not a living document, that just makes the document irrelevant since the court can just choose it to mean whatever they want.
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It was written in very plain language (unlike most laws these days) understandable by the common man. Reinterpreting it at the will of the majority simply destroys its integrity. Reinterpreting it at the will of individuals in power is the basis of tyranny.
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COL Vincent Stoneking
Or as my old standby: Imagine that law/power/ability in the hands of your worst opponent, operating with malevolent intent. Now double it.
Yup, I'm good with origionalist.
Yup, I'm good with origionalist.
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The Constitution is not a living document. It has given us the ability for amendments but not interpretation.
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PO1 (Join to see)
SFC Michael Hasbun - Concur. Remember when there was Prohibition? There was a constitutional amendment that outlaws alcohol (18th) and then there was another amendment (21st) that repealed that amendment.
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SFC Wade W.
PO1 (Join to see) and that repeal was based on the premise liberty, one of the foundations of our Constitution.
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MSG Stan Hutchison
SFC Wade W. - I must ask, was it? Or was it repealed for pragmatic reasons, it was creating large criminal entities, it curtailed business opportunities, and it was not working???
(don't mean to side step the basic thread topic)
(don't mean to side step the basic thread topic)
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