3 ms·
I appreciate your points and they make me think much, so thank you. Apologies for everyone for being a off-topic already. Here's what I think at the moment: Co
by galaxyLogic 12y ago
I appreciate your points and they make me think much, so thank you. Apologies for everyone for being a off-topic already. Here's what I think at the moment:
Congress is the body that makes the laws. Not the judges. The current congress is responsible not only for the laws they passed, or didn't pass, but ALSO for all the laws they didn't update, or did not make unambiguous enough for the judges to interpret.
A judge of course can do what they will. But their job is to try to interpret what the CURRENT congress intends the laws to mean, NOT what some previous congress did. The first congress formed by the framers is just one of those.
This my opinion is not based on what I think the original framers thought would be good. My opinion is based on what I think would be good.
- Tloewald 12y ago"A judge of course can do what they will. But their job is to try to interpret what the CURRENT congress intends the laws to mean, NOT what some previous congress did. The first congress formed by the framers is just one of those." Judges in low level courts make decisions based on evidence and the law. Appeals courts take the constitution into account. The supreme court only considers the constitution (the facts of a case matter only insofar as to how the law is being considered). In any event, a court will tend to place weight on the intentions of the people who wrote a law vs. the current congress. E.g. a law endorsing "gay parades" written in 1850 would be understood to mean something quite different from an identically worded law written in 1980.