Sunday, December 11, 2005

Origionalism

Interpreting a Constitution [or other law] as it was intended when it was written is superior to judge made law of activist judges. It is really a subversion of the political system to allow judges to make law as opposed to the politicians.

I generally hold old law in lower esteem than new law because new law represents the current people's will (more so than a constitution does) AND law from more than a few decades ago is likely to be founded on a racist and otherwise far from perfect world. But it defeats the purpose of a constitution if all it does is passes the power of arbitrary law making on key issues into the hands of a different set of individuals. You might as well just give the power to the beurocrats in the executive.

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