Here is a fascinating speech by David Souter (Souter at Harvard).. His part starts at about 4:00. — tim wood
We need to place the Constitution in historical perspective to understand intent.
— wellwisher
This is what does not happen. The best you do is establish what you think is original intent. If you're honest you leave it with that label: what we think they meant. Anything else is dishonest even to the point of being a lie. Ignorance isn't an excuse because people know too much to claim ignorance. They can ignore information, but then we're back to ignorance and lies compounded.
The rest of your post is too skewed and ill-informed to respond to. — tim wood
Original intent has to go back to before the Constitution was written, so we can understand what the motivation was that led to the writing. You don't start the day it was written, since the thought process and need began years, if not generations, before it was written. — wellwisher
A ship steered by the net result of see-sawing bench of liberal and conservative judges cannot but steer a zig zag course to nowhere. — FreeEmotion
Or this. Were it possible to know original intent, then why a judiciary, and why a Supreme Court? — tim wood
Can you make a decent guess based on whatever is appropriate? Sure. Can you run a country based on decent guesses? You have to!
Or this. Were it possible to know original intent, then why a judiciary, and why a Supreme Court?
The distinction is categorical: either you know or you do not know. If you claim to know, or that knowing is possible, please make your case. — tim wood
For example, slavery in the Democrat south was a way for someone to play the role of royalty, with control over life and death. Undermining original intent started early — wellwisher
Supreme court and other justices are appointed by politicians who, like monarchies, will try to stack the deck in their favor, using beholden people of like minds — wellwisher
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