Sun Devil 92
Diamond Member
- Apr 2, 2015
- 32,078
- 11,097
Correct.The "founders" didn't think one way or another about anything. A group of men--about 60 in all--could not have the same exact definition of the most pressing issues or the best remedy for those issues.
Anyone who claims she knows what they were thinking is telling you a story.
“[Had the Framers] known the components of liberty in its manifold possibilities, they might have been more specific. They did not presume to have this insight. They knew times can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress. As the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom.”
LAWRENCE V. TEXAS
The principles the Framers enshrined in the Constitution are immutable, forever safeguarding the protected liberties of the people.
The people then invoke those principles when they perceive the government has overreached in its authority, using Constitutional jurisprudence to seek relief from government excess, where the Constitution exists solely in the context of its case law, as determined by the Supreme Court, authorized by the doctrine of judicial review, Articles III and VI, and the original intent and understanding of the Founding Generation.
That's funny...considering the reference in the opinion to a previous case:
"Bowers was not correct when it was decided, and it is not correct today. It ought not to remain binding precedent. Bowers v. Hardwick should be and now is overruled."
So where does that leave the ever sweeping claim of bullcrap made in the quoted section Lawrence ?
Answer: In the garbage can with the rest of the SCOTUS opining. They rule on cases. They are not prophets speaking for God.