Catch up on stories from the past week (and beyond) at the Slashdot story archive

 



Forgot your password?
typodupeerror

Slashdot videos: Now with more Slashdot!

  • View

  • Discuss

  • Share

We've improved Slashdot's video section; now you can view our video interviews, product close-ups and site visits with all the usual Slashdot options to comment, share, etc. No more walled garden! It's a work in progress -- we hope you'll check it out (Learn more about the recent updates).

×
User Journal

roman_mir's Journal: Interpreting the Constitution = breaking the law. 2

Journal by roman_mir

I think it is funny what is happening on /. in terms of comment moderation, it seems like a very dedicated and coordinated approach. So I think that comment should get its own journal entry, here it is.
---

I make the argument that the Constitution is not in fact a "living, breathing, malleable document", that it is to the government what criminal code is to an individual.

The Constitution is the law and when the government officials say that the law needs to be interpreted rather than clarified and amended if it is unclear on something, what they are saying and doing is they are breaking it.

A murder trial involves figuring out whether murder was committed and whether the individual in front of the judge and jury did it and what the punishment should be. Of-course jury can nullify the law, but so far I hear that nobody tried doing that during a murder trial. So the trial does not include figuring out whether murdering people is bad, whether the legislature that set the law meant for people to be murdered under certain circumstances, if the person murdering them was doing it while pursuing criminals (or terrorists) as a government official for example.

Same thing must be done in case of the Constitutional law, same thing exactly - if something is unclear in the Constitution it needs to be clarified IN the Constitution.

However the Constitution must be followed, it is the chains around the hands and the legs of the government. It is supposed to be the chains that hold government within its limits. But what happened to that idea? The politicians figured out that amending the Constitution is too damn hard, they would rather break the law and call that "an interpretation".

This discussion has been archived. No new comments can be posted.

Interpreting the Constitution = breaking the law.

Comments Filter:

The universe does not have laws -- it has habits, and habits can be broken.

Working...