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Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?


To: Mary Cluney who wrote (91738)12/21/2004 5:00:52 PM
From: TimF  Read Replies (1) | Respond to of 793758
 
I seriously doubt the framers of the Constitution expected to have covered all the bases for all time.

I also doubt this. They clearly did not think the constitution could remain unchanged forever. That's why they included the amendment process.

Jurisprudence like anything else would have to advance over time.

Jurisprudence "advancing" is more like music advancing than science or technology advancing. Jurisprudence and music both change, and new ideas come in to both, but it is an open question if the ideas are improvements. There is the improvement or advance of having more ideas and methods to consider but the new ideas aren't always good ideas. Science and esp. technology change in ways that are far more clearly advances.

Also if we have new ideas that are clearly better we should change the law, including the constitution, to accommodate them, rather than pretending that the law is in agreement with them. The rule of law is an important old idea that I think we shouldn't abandon or consider obsolete.

They were not Conservatives then and they wouldn't be Conservatives today if they were here.

Conservative is a slippery word (like liberal which may be even worse). They where not conservatives in the sense that they did not accept the status quo. They wanted to change things but in many ways the way they wanted to change things was more like what conservatives currently support. Although to be sure there would likely be many disagreements with modern day conservatives, and even a number of areas where they would be closer to the liberals.

Tim