Learn about the text, history, and meaning of the U.S. Constitution from leading scholars of diverse

Discussion in 'Politics' started by easymon1, Jul 29, 2020.

  1. easymon1

    easymon1

  2. Overnight

    Overnight

    Won't bother reading it, because of the subheading...

    "...and philosophical perspectives".

    Nobody gives a shit about the authors' philosophy of it. It is a legal document, not open for philosophical debate in the SCTOUS. It's, like, legal issues, not "I think it should be this way or that because of what I believe from my own limited existential contruct."
     
  3. UsualName

    UsualName

    Eh, there’s actually 6 recognized forms of constitutional interpretation, with the most common being originalist and textual. And we can debate that for as long as the republic stands. But it’s pointless because what no one disputes is all power is derived from the people and the people through the electoral process determine the interpretation of the constitution.

    If the people elect a senate and president with more originalist than textual philosophies then the judicial appoints will follow that philosophy and the constitution will be interpreted that way.

    Many people expect constitutional issues to treated like a criminal trial: evidence, law, ruling but it’s truly not. It’s more a will of the people.

    I understand this is going to frustrate a lot of people but show me anywhere in history constitutional interpretation has been any other way.