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if US judges took the same "living tree" approach to the constitution that Canadian judges do to theirs, I'd agree with you, but since they instead try and disc
by joshAg 14y ago
if US judges took the same "living tree" approach to the constitution that Canadian judges do to theirs, I'd agree with you, but since they instead try and discover "original intent" I think it just unnecessarily introduces confusion over what, exactly, the original intent is/was, which allows for people, governments, and organizations to abuse both the spirit and the letter of it.
- incongruity 14y agoFrankly, anytime there is any interpretation by a human involved... wait, no, anytime there is a human involved, period, there is the opportunity for abuse of the system. Just say'n is all...
- joshAg 14y agoentirely true, but some things are easier to abuse than others, just like how every computer is theoretically hackable, but some are easier to hack than others.