bripat9643
Diamond Member
- Apr 1, 2011
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The states are also authorized to interpret the Constitution, at least they were until the Civil War. Where does the 1st Amendment say anything about yelling fire in a crowded theater?The constitution is a document subject to interpretation of ambiguity, and that power to judge it taken by the USSC (Marburry v Madison) that allows for exigent contingencies to step on constitutional rights. For example take "eminent domain".Nothing in the Constituion mentions any "compelling governmental interest." That's just a "get out of jail free" card for the Supreme Court when it wants to legalize something that is clearly not sanctioned by the Constitution.Every part of the constitution, especially the amendments, are a fundamental basis for our laws. But as nobody could forsee every possible future happenstance, the USSC has repeatedly ruled that even a strict interpretation does not stand if there is a "compelling government interest" against it.
As for yelling "fire" in a movie theatre, the owners can easily handle that problem by posting a notice to people not to do it unless there is a real fire, otherwise they will be held accountable. The SC didn't need to overthrow the Constitution to handle the problem.