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A Call for Healing

A Call for Healing
Democrats Call for Healing the Country

Oct 8, 2020

Consent of the Governed and Original Intent

 

 The original intent of a law, and the original intent of the Constitution or an Amendment, is what the people consented to through their representatives in the legislature when the law was passed or the Constitution and Amendments were ratified.  Subsequently changing the meaning of what was agreed to by a court decision is, in reality, governing without the consent of the governed.  In commerce, it's called bait and switch.  The "Living Constitution," basically says the Constitution says whatever 5 Supreme Court Justices say it says on any given day.

If the interpretation of laws that is no longer predictable, it means that there really is no rule of law.  We instead have a rule of unchecked judges with lifetime tenure.  This is a serious problem that has become obvious in the last 20 years.  Before we pass lots of interesting new laws, we need to acknowledge that we have no idea how any of them will be interpreted.  Judges will make the interpretation up as they go along.

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