It looks like you're using an Ad Blocker.
Please white-list or disable AboveTopSecret.com in your ad-blocking tool.
Thank you.
Some features of ATS will be disabled while you continue to use an ad-blocker.
According to 7th Circuit Judge Richard Posner in a post published to Slate, U.S. judges should stop studying the Constitution.
“I see absolutely no value to a judge of spending decades, years, months, weeks, day, hours, minutes, or seconds studying the Constitution, the history of its enactment, its amendments, and its implementation,” Posner argued.
And on another note about academia and practical law, I see absolutely no value to a judge of spending decades, years, months, weeks, day, hours, minutes, or seconds studying the Constitution, the history of its enactment, its amendments, and its implementation (across the centuries—well, just a little more than two centuries, and of course less for many of the amendments). Eighteenth-century guys, however smart, could not foresee the culture, technology, etc., of the 21st century. Which means that the original Constitution, the Bill of Rights, and the post–Civil War amendments (including the 14th), do not speak to today. David Strauss is right: The Supreme Court treats the Constitution like it is authorizing the court to create a common law of constitutional law, based on current concerns, not what those 18th-century guys were worrying about. In short, let's not let the dead bury the living.
I'd say he actually has a point.
originally posted by: Nyiah
If you're objective enough to think about the constitution without rosey glasses, it's already been determined a couple of times to be outdated. Hence multiple amendments to fix outdated parts.
That fact alone should tell you that it can and will be, at any given point in time, outdated with regards to any social period it's re-examined in.
At best, it's really a tweakable suggestion list, not a gold-clad guide book.
originally posted by: Metallicus
a reply to: introvert
I'd say he actually has a point.
I could not disagree with you more and I disagree with you most of the time already. Just a sad, sad statement.