"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 congre

"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.