To: wardaddy
Originalists are pro-active. They are activists in supporting and protecting the original intent of the Framers as set forth in the Constitution. It is the sacred duty of a Supreme Court justice to be as active as possible in ruling in accordance with the Constitution, and that means paying scant attention to stare decisis.
When a ruling is Consitutionally wrong, the Court must overturn it as soon as possible whether the rogue decision was from the previous term or 100 years ago.
The misguided concept that a liberal court can wrongly decide all manner of cases and then future courts are just stuck with that is not and has never been consistent with originalism. Because the liberal courts are never "stuck" with a properly decided case, stare decisis only serves to further the liberal agenda with the complicit non-activist conservatives as accessories to the wrong.
To: Iwo Jima
perfect clarification...thank you....the last paragraph was what I liked to hear
520 posted on
07/19/2005 8:02:08 AM PDT by
wardaddy
(i love my new discounted GMC dually......proud flyoverlander.....bonnie blue out front!)
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