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Yeah, I think that that is prevented pretty clearly by the first amendment. And the 14th amendment wouldn't allow for granting one class of citizens rights ove
by skwirl 13y ago
Yeah, I think that that is prevented pretty clearly by the first amendment. And the 14th amendment wouldn't allow for granting one class of citizens rights over/at the expense of another.
As for the bigger picture, in my mind the debate over whether or not the Constitution is "living" is silly. Of course it is living. Unless you can send every case back to 1787 you'll never know what the founders intended. You interpret the meaning of what they wrote through the context of your modern life. Trying to use their writings of the time for context just exponentially increases the text that can be construed for any purpose, and you still end up reading the context through the context of modern life. And the founders almost certainly had different and unique interpretations of the constitution that they all voted for.
If a religious majority took over all three branches of government, then what can you do? The constitution won't save you. The constitution grants them the power to look at it through their own lens. No other lens is possible. The constitution is "living" then whether you want it to be or not.