Quote:
|
Originally Posted by Danzig
i think you get 5/4 decisions because some think the constitution is a 'living, breathing' document, while others do not.
you have rulings such as roe v wade, where the justices who voted to allow abortion thought that said right was contained in the right to privacy-certainly abortion rights are not specifically named in the constitution.
|
Clarence Thomas.
He wishes he was 3/5 of a man getting
beatn by guys with white wigs.
Events have arisen that the constitution could never have
imagined. So when problems arise as mentioned, one pigeon
holes the question to fit their particular moral comfort zone.
Living breathing document might not be the proper metaphor
but that is the way we get it fed to us. How about its very
old and there are certain issues that dont fit nicely
under anything that is written so we pretend like the constitution
does or does not say something on the issue..
Law and lawyers love word games. Intentions, beyond a reasonable
doubt, on and on... my little hang up.