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Can A Supreme Court Re-define Words?
self-vanity | 7/26/03 | Eastbound

Posted on 07/26/2003 10:08:40 AM PDT by Eastbound

In a recent discussion on a 'right to marry' thread, a new poster made the statement that the Mass. supreme court was in the process of 're-defining' the word, 'marriage'' to include homosexual unions. Throughout the history of the human race, the word, 'marriage,' always referred to the union of a man and a woman. In fact, the legal dictionary specifically defines 'marriage' as pertaining to a man and a woman.

The question I would like to address is not whether homosexuals do or do not have the 'right' to marry, but more importanty, does a supreme court have the right or authority to re-define any noun that has been previously defined (both legally and socially) as a very specific and un-ambiguous thing.

For example, can the supreme court legally re-define the color, 'red,' to include some shades of yellow or orange which have heretofore been defined as a wave lengths existing between specific high and low frequency limits?

For example: Suppose I wanted my den painted any shade of blue and the contractor painted it red. I sue and lose because the court said red was a shade of blue, re-defining the color frequency limits to include red to the previously-defined blue spectrum. In essence, the court re-defined what constituted the color, blue.

If the supreme court can add to the definition of a word, then we have to assume that it has the authority to subtract from the definition of a word. Think of the possibilities when it comes to the Second Amendment.

I see no difference between the court changing the definition of the word 'marriage' and the word, 'blue.' If the court is allowed to follow through on this, I am pursuaded that the 'rule of law' as we know and practice it will be destroyed. Am I wrong?


TOPICS: Constitution/Conservatism; Culture/Society; Your Opinion/Questions
KEYWORDS: 116; congress; constitution; disenfranchisement; opinions; orwell; ruleoflaw; supremecourt; usurpation; wakeupcall
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To: Eastbound
Can A Supreme Court Re-define Words?

YES.

In 1893, the United States Supreme Court ruled the tomato was a "vegetable" and therefore subject to import taxes. In fact, the tomato is a fruit.

41 posted on 07/26/2003 8:04:00 PM PDT by MrsEmmaPeel
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To: AEMILIUS PAULUS
"I think what they are doing is a form of Nominalism."

Yes, but isn't that an antithetical and destructive approach by those who define the law -- those who demand non-ambiguity in legal procedures and quick to trashcan any document that doesn't have all the 't's' crossed and 'i's' dotted or having un-defined phrases?

42 posted on 07/26/2003 8:21:07 PM PDT by Eastbound
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To: Eastbound
But still, given the right incentive, the court will find a way around that, I suspect.

Witness the recent NJ Supreme Court decision on the Senate election. There was no doubt what the law said. Same principle applied to the rulings by the Florida Supremes in 2000. There was no ambiguity, no need to redefine anything.

Maybe the new "buzzword" is "compelling interest" as in Sandra Day O'Connor's rejection of the plain language of the 14th Amendment because Michigan had a "compelling interest" in diversity.

In the NJ and FL cases, perhaps it was just a "compelling interest to elect Democrats.

43 posted on 07/26/2003 8:47:13 PM PDT by DeFault User
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To: MrsEmmaPeel
That's true. A fruit it is, regardless of what it's taxed as. But the Mass. supreme court wants to do in re-defining the word, 'marriage,' is tantamount to re-defining what a peach is, and allow lemons to be sold as peaches.
44 posted on 07/26/2003 9:49:46 PM PDT by Eastbound
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To: DeFault User
"In the NJ and FL cases, perhaps it was just a "compelling interest to elect Democrats."

I'm sure! :-)

Hopefully, a larger number of 'We the people' will begin realizing we have a more compelling interest in restoring the courts and the rule of law, if even that be possible at this late date.

45 posted on 07/26/2003 9:59:04 PM PDT by Eastbound
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To: Noachian
"(Legislation Without Representation is Tyranny)"

Your tagline just reduced all my replies here to one sentence. Agree wholeheartedly. Thanks for your reply, Noachian.

46 posted on 07/26/2003 10:03:51 PM PDT by Eastbound
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It only takes 5 Justices (a majority) to do all that redefining of words and reinterpreting of the whole Constitution, regardless of what the Founders intended.
47 posted on 07/26/2003 10:11:09 PM PDT by Consort
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To: Eastbound
But the Mass. supreme court wants to do in re-defining the word, 'marriage,' is tantamount to re-defining what a peach is, and allow lemons to be sold as peaches.

That's exactly what the courts did when they re-defined "Cassia" as "Cinnamon" for the purpose of retail sales in the United States. In every other country in the world it is illegal to sell "Cassia" and call it "Cinnamon" but not in the US. In fact, you will find it extremely difficult to find real cinnamon for sale in the US.

48 posted on 07/26/2003 10:12:35 PM PDT by FreedomCalls (It's the "Statue of Liberty," not the "Statue of Security.")
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To: reg45
Good point, but I believe that Clinton knew more than what most of the lower courts knew about the word, 'Is,' which I alluded to in # 29. (Topic for a whole new post at some point.).

It was a strange statement to make under the circumstances, and it was not just an idle quip which the general public thought. Thanks for the reply, reg45.

49 posted on 07/26/2003 10:20:01 PM PDT by Eastbound
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To: Eastbound
But the Mass. supreme court wants to do in re-defining the word, 'marriage,' is tantamount to re-defining what a peach is, and allow lemons to be sold as peaches.

True, but the word redefinition angle is ultimately a shallow view of judicial abuse of power. Taking the marriage issue as an example, though I am keen to push back on those in the media who cavalierly use the word "marriage" to describe gay civil unions, to Constitutionalize an indifference to the institution of one man/one woman as the basis of families bears on Western culture's very survival.

50 posted on 07/26/2003 10:52:31 PM PDT by NutCrackerBoy
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To: Eastbound
Thanks, Rodney. Now let me ask, do you think it should have the authority to re-define words?

No.

51 posted on 07/27/2003 1:25:17 AM PDT by Rodney King (No, we can't all just get along.)
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To: Eastbound
why does today's supreme court feel it has that right to subvert the amendment process?

Because they can, ergo might makes right, quod erat demonstrandum.

52 posted on 07/27/2003 9:37:24 AM PDT by dark_lord (The Statue of Liberty now holds a baseball bat and she's yelling 'You want a piece of me?')
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To: Old Sarge; TERMINATTOR; Alamo-Girl; Jeff Head; Jim Robinson; unspun; new cruelty; DXer
FYI
53 posted on 07/28/2003 6:49:23 PM PDT by Eastbound
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To: Eastbound
Liberal supreme courts are bound by nothing but each individual justice's personal biases and prejudices--not law, not dictionary definitions, not popular sentiment. They are the final authority and they are free to redefine black as white and night as day if they so desire.

It's pretty heady stuff to be a liberal supreme court justice, free to redesign the lives of your fellow citizens at whim--with no accountability whatsoever.

54 posted on 07/28/2003 6:57:46 PM PDT by Kevin Curry (Put Justice Janice Rogers Brown on the Supreme Court--NOW)
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To: Eastbound; Alamo-Girl; betty boop; bondserv; Kudsman; logos; Phaedrus; chicagolady; TheRightGuy; ...
Think of the possibilities when it comes to the Second Amendment.

It was for correcting problems as egregious as the redefinition of fundamental structures of culture and politic, that Amendment II was written. I would not be surprised if major changes and significant conflict, possibly including taking up arms would be wrought by inflicting this abuse upon our nation. (Redefining marriage, to include homophiliac unions.)

55 posted on 07/28/2003 8:00:31 PM PDT by unspun ("Do everything in love." | No I don't look anything like her but I do like to hear "Unspun w/ AnnaZ")
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To: Eastbound; unspun
Come on East. How are they supposed to rewrite the constitution to read all rights emanate from the government if you wont even let them change the meaning of a few words. [/sarcasm]

I can just see the reds jumping up and down (50 years ago) saying "can we infer American includes communists?

What up U. TFTP (thanks for the ping)

56 posted on 07/28/2003 8:16:48 PM PDT by Kudsman (LETS GET IT ON!!! The price of freedom is vigilance. Tyranny is free of charge.)
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Or atheists. Or queers.
57 posted on 07/28/2003 8:18:24 PM PDT by Kudsman (LETS GET IT ON!!! The price of freedom is vigilance. Tyranny is free of charge.)
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To: Eastbound
Thank you for the FYI, FRiend.

What disturbs me is, many of my bretheren-under-arms and I worry that we will win the War On Terror, but lose the peace we purchase for the sheeple.

I'm glad FR exists. I need reminders there are people who feel, as I do, that there are forebodings on the horizon.

I fear for the Republic.

58 posted on 07/29/2003 7:34:47 AM PDT by Old Sarge (Serving You - on Operation Noble Eagle!)
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To: Eastbound
I would imagine that if the SCOTUS can find a right to Abortion and Sodomy in the US Constitution a simple little thing like defining "IS, is easy.
59 posted on 07/29/2003 7:38:04 AM PDT by PISANO
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To: Dr Warmoose; dixiechick2000; Ruy Dias de Bivar; the lone wolf; Mike Darancette; MHGinTN; ...
FYI
60 posted on 07/29/2003 8:40:24 AM PDT by Eastbound
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