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- #141
This debate is getting circular, it is an opinion. Disagreeing with Scalias methodology does not render it wrong or incorrect.
No. The debate is not circular. You simply do not accept the constitution requires an adherence to "the rules of the common law", and, the most fundamental rule under the "rules of the common law" is to enforce the intentions and beliefs under which the Constitution's provisions were adopted. To not follow this rule, and allow a judge or Justice to parse the meaning of terms or words in our Constitution in a manner which renders an outcome not in harmony with the intentions and beliefs with which the terms or words were added to our Constitution, would make our Constitution a meaningless document and allow the Court to do for the people that which the people were unwilling to do, or did not do for themselves. In fact, it would allow our judicial branch of government to assume legislative functions by giving meaning to words and terms never intended by the legislature.
JWK
"In construing the Constitution we are compelled to give it such interpretation as will secure the result intended to be accomplished by those who framed it and the people who adopted it...A construction which would give the phrase...a meaning differing from the sense in which it was understood and employed by the people when they adopted the Constitution, would be as unconstitutional as a departure from the plain and express language of the Constitution." ___ Senate Report No. 21, 42nd Cong. 2d Session 2 (1872), reprinted in Alfred Avins, The Reconstruction Amendments’ Debates 571 (1967),
Nope, you promulgate the emphasis on common law as the end all to interpretation. There is no one correct way to interpret the Constitution no matter how many times you apply a hidebound methodology to make your case.
Dismissed
So now you are going to resort to a stupid debating trick ____ exaggerating your opponent's position and continue to refuse to address what is written.
No. I did not promulgate an emphasis on common law as the end all to interpretation. I stated a fact: our constitution requires an adherence to "the rules of the common law". I also established the most fundamental rule under the "rules of the common law" is to adhere to legislative intent.
I then went on to point out:
To not follow this rule, and allow a judge or Justice to parse the meaning of terms or words in our Constitution in a manner which renders an outcome not in harmony with the intentions and beliefs with which the terms or words were added to our Constitution, would make our Constitution a meaningless document and allow the Court to do for the people that which the people were unwilling to do, or did not do for themselves. In fact, it would allow our judicial branch of government to assume legislative functions by giving meaning to words and terms never intended by the legislature.
Now, what exactly have I written above do you object to, and why?
JWK
Those who reject abiding by the text of our Constitution, and the intentions and beliefs under which it was agree to, as documented from historical records and gives context to its text, wish to remove the anchor and rudder of our constitutional system so they may then be free to “interpret” the Constitution to mean whatever they wish it to mean.