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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.'
http://hosted.ap.org/dynamic/stories/U/US_SUPREME_COURT_VIOLENT_VIDEO_GAMES?SITE=PAPIT&SECTION=NATIONAL&TEMPLATE=DEFAULT

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.
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