Annie
Diamond Member
- Nov 22, 2003
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while this is not directed at myself, I want to go watch the Iowa caucus returns, but feel compelled to answer at least part of this.
The Supreme Court has 'interpreted' the constitution in ways that go way beyond any attempt to literally interpret, that is what is called judical activism and has been around since at least Jefferson's time.
Some of it is good, for instance using the federalist and anti-federalist documents to justify rulings. ie., pre and post civil war.
Using the extension of due process for Brown v Board of Ed.
Some examples of beyond the parameters.
Roe v Wade, widely agreed to be bad law, but fit with the times. Not ok.
Using Brown v Board for brain dead children.
Using Brown v Board for 'least restrictive instruction', totally ignoring the rights of others.
The Supreme Court has 'interpreted' the constitution in ways that go way beyond any attempt to literally interpret, that is what is called judical activism and has been around since at least Jefferson's time.
Some of it is good, for instance using the federalist and anti-federalist documents to justify rulings. ie., pre and post civil war.
Using the extension of due process for Brown v Board of Ed.
Some examples of beyond the parameters.
Roe v Wade, widely agreed to be bad law, but fit with the times. Not ok.
Using Brown v Board for brain dead children.
Using Brown v Board for 'least restrictive instruction', totally ignoring the rights of others.