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[personal profile] freeptop
One of the GOPs talking points is always about how "activist judges" "legislate from the bench" instead of "strictly interpreting the Constitution" as it was written.

Well, here's an exchange between two "Constructionists" on the Supreme Court that I think does a good job of showing why that argument has always been a farce:

'"I think what Justice Scalia wants to know is what James Madison thought about video games," Alito said to laughter in the courtroom.

"No, I want to know what James Madison thought about violence," Scalia retorted.'

As society changes and technology advances, it simply isn't possible to only take into account what the original writers of the Constitution and its amendments intended. There are so many situations they simply never conceived that are now commonplace. One always has to interpret the Constitution in the context of the current times. Otherwise, we end up trying to figure out how James Madison felt about video games.

Date: 2010-11-02 08:50 pm (UTC)
From: [identity profile]
As a side note, I think it's kind of awesome that we're now getting to the point where Supreme Court Justices are actually referencing Mortal Kombat and Vulcans from Star Trek during their court sessions.

Date: 2010-11-02 10:27 pm (UTC)
From: [identity profile]
Honestly, what I think is hilarious is they doubt that veteran soldiers who wrote the Constitution after doing "immoral" guerrilla warfare and debauching Tories would have SUCH an issue with violence too? O_o? I mean, that's like saying a fisherman might have a problem with gutting a fish in front of their kid because they'd view that as tarnishing their innocence... we're working on a Victorian principle of childhood holding this naive sweetness instead of treating them like miniature adults (which was much closer to the philosophy around the 1700s) WTF?

In other words, I think James Madison would have stated in ye olde tongue: "Bitchin! Get that fucking sniper in the tree, Washington! We'll recruit him just in case the Brits try to come back!"


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