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manphonetoday at 5:36 PM2 repliesview on HN

That’s a hilarious idea. Given the Supreme Court of today, afraid of legislating from the bench? Are you serious?


Replies

iamnotheretoday at 5:47 PM

Yes. The majority of their decisions seem to bear that out. While the current court isn’t run by strict constitutionalists, the direction of the court seems to be in favor of rolling back previous precedent that overstepped constitutional boundaries and restoring constitutional balances based on originalist interpretations. This doesn’t please anybody, of course, because both political “teams” have lost major fights in this process.

Not that every decision bears this out, of course, and it’s also a slow process.

IMO this restoration is a necessary step in restoring the operation of the constitution. As a country we need to decide if we’re going to actually follow it (including making use of the long-dead amendment process) or throw it out (amounting to a revolution). Selectively ignoring parts of it depending on who is in power, or based on whatever the bipartisan intelligence/defense agenda requires, is unworkable and needs to end ASAP.

DiggyJohnsontoday at 6:49 PM

Yes. Why do you disagree?