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Politics : PRESIDENT GEORGE W. BUSH
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To: DMaA who wrote (445536)8/20/2003 1:35:42 PM
From: Neocon  Read Replies (1) of 769670
 
I am more or less on the strict construction side, but the loose construction side of the debate is not without arguments, and it is wrong to call those like Lawrence Tribe, who is the premier liberal theorist on Constitutional law, a traitor to the Constitution, much less the nation itself. Wrong in and of itself.

The Constitution is a very old piece of law. Much has changed in the material and social circumstances of the country since it was drafted. Novel issues come up, and matters which would not have been contemplated at the Founding become thinkable. It is inevitable that even strict constructionists make rulings that the Founders would never have anticipated, even though trying to make the decision consistent with the meaning of the text. The difference between conservative and liberal jurisprudence, as far as that goes, is where to draw the line. I think that one should stay as close to the text as is possible, liberals think that there is no way to adapt the Constitution to current circumstances without allowing greater latitutde in interpretation. Since most of us would like to avoid a Constitutional Convention every 20 or 50 years to make sure everything is updated, there is some merit to confining the fight to the courts.........
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