5 ms·
How strong is US constitution in front of US courts? Not that much. US courts don't follow US constitution literally, and take freedom doing a lot of "interpre
by baybal2 6y ago
How strong is US constitution in front of US courts? Not that much.
US courts don't follow US constitution literally, and take freedom doing a lot of "interpretation."
My law professor in Canada, who once was a US citizen, and a practicing lawyer in US said:
— US constitution is fairly good at protecting what's written in it, for it being near nothing.
His favourite poke at the US legal system was an example how either Texan, or Kentuckian court managed to establish how "A woman is not legally a person" in a way that did not directly contradict any US law, precedent, or article of constitution. And that happened as recently as sixties, if not seventies.
- jdsully 6y agoCanada has the living tree doctrine and is similarly liberal with its constitutional interpretation - a document that is already way more watered down than the American.
- meundies9 6y agoYeah. As much as originalism can impede progress and reform in certain ways, so can generous interpretation. I don't want an Alito or an RBG - Kagan's just fine.