Ns for Many of our National Crisies, Part I
I am livid, deeply saddened, and deeply troubled bu what is hapopening in our country today. We have mu;lt6iple mass murders and hundreds, if not thousands, of senseless deaths from gun violence. Yet, we seem unwuilling and unable to do anything to stop this madness. In addition, our governmental structure seems to be almost immobilized in attempting to address issues which affectr our people , our nation, our democracy. IN a several part series, I will try to outline major reasons.
One of th reasns is a word institutionalized by Atonin Scalia.: "originalism." Originalism is a nade-p word with no inherent meaning, a manufactured myth mascarading as a judicial philosophy. It takes the satance that our founding fathers were absolutely precise in their use of language in their writing of the U.S. Constitution. and that we must interpret their words absolutely as they would have wanted them to be understood. Further, was their words purportedly support the values they wanted the Constitution to support,we cannot change the meaning of the words without undermining the core values he words support. To originalists, the Constitution was to be an unchanging, precise document. There are huge problems with all of these assumptions.
First, language words, phrases and their meanings(Changes over time. and the Constitution is a product and take negotiation. To really now exactly what the makers of the Constitution intended to be attached to those words, we would have to lived in those times and to have taken part in those negotiations.Second, negotiations negotiations are a messy improcise process. It is totally unlikely that the exact phrasing chosen was exactly what every one of them wanted.
Third, the Constitution, was written , was never intended to be written in stone The founders knew that they were human and that conditions would arise that would require our people to establish new Constitutional procedures, and even to change their support of some values. The Bill of Rights, subsequent amendments and such actions as the Emancipation Proclamation, are proof of that. Further, as one of the chief framers of the Constitution , stated that "the earth belongs to the living, not the dead." He called for a new Constitution every 19 years
Today, we have at least 4 Supreme Court judges hiding behind "origialism" and using it to block desperately needed changes to serve our people well The reason s simple: Those judges were chosen for their political ideology, not their record in jurisprudence. They have chosen to vase their decisions in political ideology, not reasoned, independent jurisprudential judgment.. Their are doing a huge disservice to our people and our country, and are not worthy of their posts.
I generally agree with you except for your 4th paragraph. While the Constitution was never meant to be "written in stone" there is also a very precise procedure to amend it. The Judicial Branch should not make Law, that is reserved for the Legislative Branch.