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View Diary: Justice Scalia says Revolution may be necessary (185 comments)

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  •  Woulda, coulda, shoulda.. (2+ / 0-)
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    VClib, sailmaker

    I would agree there was a time when there was the will.  However, I find it a bit.. impulsive to say that because there is no will to move forward on those does not make them an exclusionary force by which to most strictly interpret.

    There are issues where I feel an overly broad interpretation can be negative, however, the most strict construction prevent any real grounds of standing on the basis of numerous issues which involve everything from modern generation interstate commerce (see: The Internet) to Equal Protection claims against classes not prior defined.

    If we simply say 'well, it's not strictly there, so tough s---' then at best we say: we must call for a constitutional convention (which would be, IMHO, a monumental disaster and pretty much be it) or we can try to push forward with state led constitutional amendments, at which point we will find that the will within the state is absent.

    Now, we can argue this back and forth, but the problem is I don't see federal judges making changes in any way; I see them interpreting the text to match the realities of the time period in which it is read, which is broadly different.

    If a judge were to say "I don't see any grounds for Free Speech" that would be an invention of whole cloth.  If, however, a judge were to say that per interstate commerce, internet based traffic cannot be monitored or policed by outside agencies, I find that a reading of the text in light of the new realities of the current economy.

    In the end, this is something where we are likely to disagree.   That's OK.  Because unless any of us have a crystal ball, we have no idea how anyone of the past actually feels about this.


    Gandhi's Seven Sins: Wealth without work; Pleasure without conscience; Knowledge without character; Commerce without morality; Science without humanity; Worship without sacrifice; Politics without principle

    by Chris Reeves on Sun Apr 20, 2014 at 06:39:19 PM PDT

    [ Parent ]

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