The world belongs to the LIVING, not to the dead.
The flounder fathers wrote a document that did NOT ties our hands with specific laws.
They understood, like those of you who imagine that there is a right "literal" interpretation of the Constitution do not, that one cannot bind the FUTURE generations to the vision of the current generation.
Most of us would not be able to VOTE, if we'd stuck to the constitution that our floundering fathers originally wrote.
Now who here wants to come out in favor of only allowing a very small percentage of the population to vote?
Who here wants to come out in favor of once again allowing slavery?
THAT would be a literal interpretation of the constitution that our floundering fathers passed.
Hence the reason the writers of it gave us the amendment process. If the Constitution simply means what ever we decide it to mean today, then it has no meaning at all.
You're catching on.
Given the way that the Supreme court works to promote or refute policies and laws, that is pretty much my point.
The SCOTUS has, and will continue to, change the social/legal dynamic of this nation by handing down decisions which dramatically effect our lives and the way government and our society actaully works.
This was not, I think, how the Floundering fathers expected changes to happen, but certainly that is how it's all played out.
Now obviously the FF wanted to give the government liberty to change the game...by the legislative amendment to the constitution which required the state governments to go along with those proposed changes
That is the front door to changing the constitution, and it doesn't happen all that often.
But the back door to changing it comes through the SCOTUS.
I'm not saying that's necessarily good or bad, I'm just saying that's how it's played out.
I'll keep saying it...
This constitution that so many of us revere is a deeply flawed document prcisely because of the power that it inadvertently gave to the SCOTUS.
I'm damned sure the FF never expected that to happen.
But it has
And there's damned little that we can do about it without ALSO dramtically changing the balance of power as outlined in the current consitution -- something that apparently most of you think is some kind of sacreligion to even suggest.
Regarding the power given to the SCOTUS, that power was defined into the Constitution by the ruling in Marbury v Madison, I think. Prior to that, the scope of the powers was limited pretty much to what is explicitely written.
This case required that the Constritutional language be interpreted. The meaning of the words dividing the powers was the crux of the issue. As soon as the decision was rendered, it became case law and therefore the law of the land.
It's not all bad, though. Can you imagine the shape of the government if either of the other Branches had assumed that power? If any of them had to have it, I would prefer that it be the courts. They have at times shown themselves to be biased or misguided, but the Executive and Congress are routinely corrupt beyond the definition of the word.