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Progressive Constitutionalist versus Originalist Constitutionalist
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<blockquote data-quote="Yaba Daba Do" data-source="post: 3617727" data-attributes="member: 57161"><p>Much of the constitution makes perfect sense in today’s world and like you said there are amendments and there is an amendment process if you think something should be changed. The problem with saying that the constitution is constantly evolving is that it gives judges the ability to base their decisions on whatever they think the constitution should have evolved into instead of what was meant by it when it was written. When this happens you then get judges who make ruling based on absolutely nothing in the constitution whatsoever. Take roe v wade for example. This decision is widely regarded as one of the worst judicial decisions in recent history as there is absolutely nothing in the constitution that guarantees anyone’s right to an abortion. If they wanted abortion to be legal they should have gone through the amendment process however they knew they didn’t have the support for that so they let the courts take care of it.</p></blockquote><p></p>
[QUOTE="Yaba Daba Do, post: 3617727, member: 57161"] Much of the constitution makes perfect sense in today’s world and like you said there are amendments and there is an amendment process if you think something should be changed. The problem with saying that the constitution is constantly evolving is that it gives judges the ability to base their decisions on whatever they think the constitution should have evolved into instead of what was meant by it when it was written. When this happens you then get judges who make ruling based on absolutely nothing in the constitution whatsoever. Take roe v wade for example. This decision is widely regarded as one of the worst judicial decisions in recent history as there is absolutely nothing in the constitution that guarantees anyone’s right to an abortion. If they wanted abortion to be legal they should have gone through the amendment process however they knew they didn’t have the support for that so they let the courts take care of it. [/QUOTE]
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