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Courts and the Constitution

Courts and the Constitution

Debates

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It seems to me that the words that are written today could be made to mean something different 100 to 200 years later.

Is it judicially honest to take what had one meaning 100 years ago then say but this could mean this other thing now. Or should the courts be required to hold to the spirit of the words as they were written at the time?

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@eladar said
It seems to me that the words that are written today could be made to mean something different 100 to 200 years later.

Is it judicially honest to take what had one meaning 100 years ago then say but this could mean this other thing now. Or should the courts be required to hold to the spirit of the words as they were written at the time?
Doesn’t it all boil down to rights of people living together in an established society, there having been no change in 10000 years as to ‘live and let live’ , Do unto others, ‘ the 10 commandments, etc.? Nothing has changed so I think that words written 200 years ago always apply forever. Truly, what can change?

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@AverageJoe1

What can change? By the meaning the courts give to the words.

14th amendment was supposed to help set things right for freed slaves. Now it is used for other things which the people who wrote the amendment had no clue it would be used.

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@eladar said
It seems to me that the words that are written today could be made to mean something different 100 to 200 years later.

Is it judicially honest to take what had one meaning 100 years ago then say but this could mean this other thing now. Or should the courts be required to hold to the spirit of the words as they were written at the time?
"A well regulated militia..."

"GIMME MAH GURN!!!"

Only when it serves you, doesn't it, Eladar?

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@eladar said
It seems to me that the words that are written today could be made to mean something different 100 to 200 years later.

Is it judicially honest to take what had one meaning 100 years ago then say but this could mean this other thing now. Or should the courts be required to hold to the spirit of the words as they were written at the time?
Let's start with this:

If the Constitution prohibits punishment that is "unusual," doesn't the definition of "unusual" inherently change based on what is "unusual" at the time it's being applied?

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@shallow-blue said
"A well regulated militia..."

"GIMME MAH GURN!!!"

Only when it serves you, doesn't it, Eladar?
So you are saying the Constitution was designed so that the population would have guns taken away.

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@sh76 said
Let's start with this:

If the Constitution prohibits punishment that is "unusual," doesn't the definition of "unusual" inherently change based on what is "unusual" at the time it's being applied?
Please quote the section you are talking about.

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@eladar said
@AverageJoe1

What can change? By the meaning the courts give to the words.

14th amendment was supposed to help set things right for freed slaves. Now it is used for other things which the people who wrote the amendment had no clue it would be used.
The wording of the 14th Amendment is all inclusive, the idea that it only meant to apply to ex-slaves is anti-textual and ahistorical.

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@no1marauder said
The wording of the 14th Amendment is all inclusive, the idea that it only meant to apply to ex-slaves is anti-textual and ahistorical.
Words could mean anything to you.

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@eladar said
Words could mean anything to you.
What does "any person" mean to you?

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@no1marauder

It means the newly freed slaves will have the same rights as all others.

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@eladar said
@no1marauder

It means the newly freed slaves will have the same rights as all others.
🙄

I miss the "rolling eyes" one.

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@no1marauder

The problem comes when the government attempts to control areas outside the government. The Constitution was not designed to create a government that dictates hiring practices. Yet somehow the Federal government has started micromanaging society giving special groups special protections other groups do not receive.

To pull this off the courts have had to redefine what amendments were originally intended to mean.

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@eladar said
Please quote the section you are talking about.
Eighth Amendment:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

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@sh76 said
Eighth Amendment:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Ok.

So what was not considered cruel or unusual then but is today?

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