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Constitutional Infidelity: Progressive Judicial Philosophy

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Posted on May 10 2010 2:00 pm
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by Josie Wales

Although words and the meaning they convey mean everything in the law; words mean very little to people with agendas. This is bad news. Worse yet, the U.S. Constitution is filled with old words and phrases that, when read out of context, lose meaning over time. Most frightening, legal commentators who prefer to sidestep our Constitution to accomplish the progressive-statist agenda continue to bash the virtue of seeking our Constitution’s original meaning.

In lockstep with progressive reforms, a recent book, “Keeping Faith with the Constitution,” adopted the term “constitutional fidelity.” Goodwin Liu was one of the authors, and the focus of another contributor on this topic. It is asserted that this term “respects the endurance of our written Constitution” and also “explains how its text and principles retain their authority and legitimacy.” Filled with anti-Justice Scalia propaganda and criticism, it intends – but fails – to strike the middle ground between those who think original meaning controls and those who think meaning should account for the needs of our “progressing” society. It does nothing of the sort.

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