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Brian Tubbs
- Changing Times
Migisi, yes, times change. That's why we have a dynamic legislative process whereby new laws can be passed and old ones amended or repealed. That's why we have an amending process in our Constitution, so the Constitution can be added onto. However, JUDGES and COURTS are NOT supposed to alter the meanings of laws already on the books! That is a perversion and mutation of the 'loose construction' doctrine originally advanced by Alexander Hamilton and John Marshall. I'm all for loose construction, so long as we go back to that doctrine as enunciated by Hamilton and Marshall. Not this loosey-goosey "Living Document" nonsense paraded in law schools and in many of our courts today.
Pink and Migisi, YES, the First Amendment is fairly straightforward - and (yes) lawyers can twist it like they can any other statute. Yes, a high school student can understand the First Amendment. And that's my point! It should be interpreted according to its plain meaning.