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Shouldn't that interpretation be as close to the actual words used as possible, though?

Bingo!

The most important words in the Constitution are, "We, the People." It's not written for "We, the lawyers," nor, "We, the landed gentry of Virginia," nor, "We, the elected or unelected bureaucrats of government."

The Constitution is a contract between, "We, the People" and the federal government. We, the People have the right - if we would claim it - to interpret the Constitution where the nature of society has changed in ways that were not envisioned at the time of ratification. For example, if you asked a cross-section of the people whether "the press" as defined in the First Amendment referred to modern electronic media, there would be clear consensus that it does.

However, asking that same cross-section of "We, the People" whether the clear words of the Constitution on something like, "Congress shall make no law," now mean that Congress can make any law it desires, you'd also get a clear consensus that it does not.

And the opinion of the landed gentry of Virginia from a couple of hundred years ago on what they intended for the words to mean should have no more impact than the opinion of you or me or any other of "We, the People" on what the words actually say. Every time we refer to someone other than the people ourselves for authority, we justify those who claim their own opinions (See Ruth Bader Ginsburg, et. al.) are the final authority.

So, the interpretation should indeed be, "as close to the actual words used as possible."
19 posted on 10/02/2006 2:17:36 PM PDT by Gorjus
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To: Gorjus
And the opinion of the landed gentry of Virginia from a couple of hundred years ago on what they intended for the words to mean should have no more impact than the opinion of you or me or any other of "We, the People" on what the words actually say. Every time we refer to someone other than the people ourselves for authority, we justify those who claim their own opinions (See Ruth Bader Ginsburg, et. al.) are the final authority.

This much I disagree with. The "landed gentry" you refer to are the authors and signators of the Constitution. The Constitution created and transferred power to the federal government from the States. Those powers were fixed at the time that transfer was made, and it is not within our pervue to modify them by simply re-defining the words.

29 posted on 10/03/2006 8:21:14 AM PDT by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
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