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View Diary: On Constitutional Interpretation: Originalism v. A Living Constitution? (286 comments)

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  •  That's an interesting one (none)
    I've argued elsewhere that the authors used vague wording in the expectation that we would re-interpret as needed over the years. But here, they specify "twenty dollars" with no worry about inflation over the years.

    In the Eighth, they prohibit "excessive" bail and fines.

    Fodder for both sides.

    I've got blisters on my fingers!

    by Elwood Dowd on Sat Jul 23, 2005 at 01:44:52 PM PDT

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    •  Not just inflation! (none)
      Where does it say in the Constitution that the currency of The United States must be called "the dollar"? And beyond inflation, it's still rather odd to specify the amount, since the Congress has the right to regulate value of money -- so presumably they could go ahead and make 1 dollar have value of 50 tons of gold, making this amendment useless -- which in my mind clearly requires some level of judicial review to make sense of this provision and prevent abuses

      But, a question for the Lawyers here: has the interpretation of this Amendment been subject to adjustment for inflation in practice?

      Insofar as I may be heard by anything, which may or may not care what I say... (from "Creatures of Light and Darkness", R. Zelazny)

      by SadEagle on Sat Jul 23, 2005 at 02:03:22 PM PDT

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