RE: What sort of perspective on law should the next SC appointee have?
GermanStar - 6/25/2005 9:12 PM
Option 2. Following Option 1 is irresponsible and exceeds the mandate of the position.
Within reason, the Constitution should be a living document that can grow and change over time. It is not, however, the court's job to change it. However, I would not want someone on the Supreme Court who will dismiss legitimate attempts to amend the Constitution out of hand.
The problem with law is that it is open to interpretation and that interpretation is the responsibility of the courts. I think a more important question is not whether the interpretation of the Constitution should evolve over time but how the Constitution should be interpreted. Remember all those pesky civil rights movements post the founding father's time? All of those practices were deemed constitutional in their time. There was never a point in time where the good old US of A was a truly free country for everyone and the Founding Fathers weren't Gods, they simply had the foresight to lay down some rules that provided some basic freedoms and were flexible to change over time.
I would much prefer a court that protected the rights of the individual, but this does NOT mean a liberal court. Having a conservative court with today's federal Republican party probably means restricting women's rights and essentially the legislation of morality. Having a liberal court frequently means other restrictions, such as racial quotas and freedom of speech restrictions (I can't call anyone a name that may offend them, after all...).
Regarding business, I would like the court to protect businesses from the anti-business movements by preventing frivolous lawsuits but I would also like the businesses that can't run by themselves to be replaced with ones that can instead of a constant stream of subsidies. If there was a way to have a "court scientist" who was as unbiased as possible to prevent pseudo-science from entering the courtroom that would be great, but now I'm asking for a lot...
I've been a big fan of state's rights. I'd like to see a return of the thin layer of federal laws but allow the states to experiment more with controversial topics.
Any interesting areas of federal law that I'm missing?
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