"Namely, living constitutionalism gives too much power to a group of unelected justices to interpret the Constitution willy-nilly"
Yep. The entire point of such documents as the Constitution is to prevent rapid and radical change based on the current opinions of a small group of people, especially non-elected people. Don't like SCOTUS? Do…
"Namely, living constitutionalism gives too much power to a group of unelected justices to interpret the Constitution willy-nilly"
Yep. The entire point of such documents as the Constitution is to prevent rapid and radical change based on the current opinions of a small group of people, especially non-elected people. Don't like SCOTUS? Don't elect Trump / Biden / whomever. Don't like the Constitution? Go through the difficult process of amending it; it's been done.
When Scalia's court decided the Constitution didn't prevent flag burning I hated it, but they were right. And I loved that Scalia and those like him were willing to go against their instincts in order to do the right thing.
"Namely, living constitutionalism gives too much power to a group of unelected justices to interpret the Constitution willy-nilly"
Yep. The entire point of such documents as the Constitution is to prevent rapid and radical change based on the current opinions of a small group of people, especially non-elected people. Don't like SCOTUS? Don't elect Trump / Biden / whomever. Don't like the Constitution? Go through the difficult process of amending it; it's been done.
When Scalia's court decided the Constitution didn't prevent flag burning I hated it, but they were right. And I loved that Scalia and those like him were willing to go against their instincts in order to do the right thing.