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Pastimes : Let's Talk About Our Feelings!!! -- Ignore unavailable to you. Want to Upgrade?


To: jlallen who wrote (70606)1/4/2000 9:48:00 AM
From: Ilaine  Read Replies (1) | Respond to of 108807
 
"Divine from the gestalt of the zeitgeist" is nasty? What other way is there to express a suggestion that one be "sensitive" to the feelings and wishes of the majority? And what do the feelings and sensitivities of the majority have to do with the interpretation of a Constitution?

The only way I know to interpret a law is as a lawyer does. I am familar with the principe of stare decisis. Iam familar with theories of interpretation that urge a reliance on the plain language of the text. I am familiar with theories of interpretation that look towards the intent of the framers. Etc., etc., etc. I have never heard of a theory of interpretation that urges "sensitivity" to the "religious sentiments of the populace." I think it's a bad idea.

One does not take a poll when interpreting the Constitution.

>>>>>defending the respect for religion that the Founders evidenced, and the sensitivity to the religious sentiments of the populace<<<<<