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Politics : View from the Center and Left -- Ignore unavailable to you. Want to Upgrade?


To: TimF who wrote (135994)4/6/2010 12:56:50 AM
From: TimF  Respond to of 543192
 
cato.org



To: TimF who wrote (135994)4/6/2010 9:36:15 PM
From: cnyndwllr  Read Replies (1) | Respond to of 543192
 
"That doesn't mean the thin[g] they are interpreting ceases to exist outside of their interpretation. If, to use an extreme example just to make a point, the supreme court said that the thirteenth amendment allowed slavery, than the court would simply be wrong. The constitution wouldn't say that, it would just be the supreme court saying that."

First, some of the wisest minds this country has ever produced have served on the US Supreme Court and your hypothetical is outlandish.

Second, you're wrong.

You seem to believe there's some magical or maybe scientific metric that underlies and governs what the constitution means. Unlike the bible, however, in this country there is a branch of government empowered to finally and conclusively resolve any questions with respect to constitutional interpretation and the highest court in our land has the final say.

So, if the Supreme Court interpreted the 13th Amendment to allow slavery then the constitution would mean that the 13th Amendment allowed slavery. It's that simple. You can argue that it shouldn't mean that but please don't argue that it doesn't mean that.

It's like the card game pinochle. In that game a 10 is a higher card than a jack, queen or king. That's the way it is because the people with the power to decide that question decided it that way.

My final post on this. Ed