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Re: What is your view on appropirate Judicial Philosphy?
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Originally Posted by TSGracchus
Here's the problem with originalist judicial philosophy. If one is to interpret the Constitution in the sense intended originally by its framers, one must first ask: which framers?
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The Constitution should be interpreted according to the law, at the time it was made, regarding the interpretation of legal instruments. Does anyone but me know what the law of legal instrument interpretation was in the late 1780's - 90's? Does anyone care?
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I find it appalling that Justice Antonin Scala, in his dissenting opinion in McCreary County v. ACLU, constructed his model of "the relationship between church and state" in America without even considering the actual text of the Constitution. How do incompetents like him get on the U. S. Supreme Court?
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