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Re: What is your view on appropirate Judicial Philosphy?
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Originally Posted by Marcus1124
You mean YOU'VE got it, as it means that it is the original understanding of those who gave the law effect (in the case of the Constitution "We the People of the United States") and not the original "intent" of those who wrote or voted on it proceedurally.
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What was the well established law or rule, in the late 1700's, regarding whose will, intent or understanding was the primary or proper goal or object of the interpretation of a legal instrument?
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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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