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To: RWR8189
There is a need for development of a principled doctrine of when it is ok to overturn liberal precedents that are contrary to the Constitution, in spite of stare decisis. There should be some time for this to be explained in a few lesser decisions, and then when there are 6 or 7 conservatives, it shold start being applied quite often.

In my scenario, a conservative majority would announce that the doctrine of adherence to original intent would govern the interpretation of the Constitution. Scalia could explain it quite clearly, and even the libs might begin to understand it. Basically, if you don't use original intent, you get judicial tyranny, because then the Constitution says whatever any 5 justices say it says, and representative government is seriously undermined. The constitution is living, in that it contains a procedure for amendment. That is the democratic way to do it properly.

Having explained this principle in some major decisions of first impression, the court could then branch out to look at decisions that have already been decided, that would normally be protected under stare decisis. If those cases involve an interpretation of the Constitution that was premised on the notion that the founders' original intent is irrelevant, as all liberal decisions are, the establishment of the principle that original intent governs would require that the decision be re-examined and overturned.

It is a two step process: First educate the public on the importance of original intent in interpreting the Constitution. Then start blowing away the crappy decisions of the past 60 years which basically destroyed the Constitution as a document that means anything, if they clearly were decided on principles other than original intent.

16 posted on 01/18/2006 9:03:11 PM PST by Defiant (Dar al Salaam will exist when the entire world submits to American leadership.)
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To: Defiant
It is a two step process: First educate the public on the importance of original intent in interpreting the Constitution. Then start blowing away the crappy decisions of the past 60 years which basically destroyed the Constitution as a document that means anything, if they clearly were decided on principles other than original intent.

Exactly! Move the electorate and you can move the judiciary. That is the reality of our representative republic.

Unfortunately, we have too many on our side that do not want to wait for the education and movement of the electorate. They want their way NOW or they will take their marbles home and place a pox on all our houses.

22 posted on 01/19/2006 4:53:26 AM PST by Erik Latranyi (9-11 is your Peace Dividend)
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