SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Politics : View from the Center and Left -- Ignore unavailable to you. Want to Upgrade?


To: epicure who wrote (73829)6/27/2008 11:20:46 AM
From: JohnM  Read Replies (1) | Respond to of 543219
 
My own take on the "framer's intent" arguments are that it's a waste. There is, finally, no serious way to know. Between trying to determine what's in the mind of someone who wrote, of a congress who passed, and of states that ratified, it's pretty well a waste.

For me, the argument belongs at a much broader level. This is Bush v Gore all over. SC justices who claim to want a judiciary that respects the wishes of legislative bodies--those horrible activist judges who don't--are simply acting out their own policy views as against legislative bodies.

So they should own up and argue on the same grounds everyone else does. A living and breathing constitution.



To: epicure who wrote (73829)7/1/2008 9:24:39 PM
From: TimF  Read Replies (1) | Respond to of 543219
 
If you look at the literal meaning of the document the exact opposite of your claim is clear. Its clear its the right of the people not the state, both from the clear words of the amendment itself and from what we know about the writers intentions.