Schools of Constitutional Interpretation/ Justice Barrett Pt. 2

Is Justice Barrett the Latest Shot in the “Deconstruction of Government” Pt. 2 / Schools of Constitutional Interpretation: Living Constitution; Originalism, Political Process theory; Purposivism; Textualism; & Strict Constructions. https://en.wikipedia.org/wiki/Strict_constructionism / From the perspective of an observer, these six schools seem to be two groupings of three. Living Constitution, Political Process theory, & Purposivism in one group and Originalism, Textualism, & Strict Construction in the other. / The former seems to me to exist to make deciding the Constitutionality of a law easier and avoiding the lengthy task of pursuing a Constitutional Amendment. This makes change easier, which appeals to liberals. It also helps establish a body of precedent that can make future changes easier. / The latter seems to me to exist to make deciding the Constitutionality of a law more difficult and force the proponents of change into the lengthy task of pursuing a Constitutional Amendment. This makes change difficult, which appeals to conservatives. It also helps establish a body of precedent that can make future changes more difficult. / (You are invited to share your thoughts and ideas as this series proceeds. Please document or cite any assertions you make, as a means of keeping the discussion constructive and on track. )

Comments

Post a Comment

Popular posts from this blog

Federal Appeals court: Detroit students have a right to literacy

Constitutional Rights #1 Literacy Federal Appeals court: Detroit students have a right to literacy By Corey Williams | AP April 23, 2020 at 5:32 p.m. PDT https://www.washingtonpost.com/national/appeals-court-detroit-students-have-a-right-to-literacy/2020/04/23/0b35425c-85c3-11ea-81a3-9690c9881111_story.html WEST BLOOMFIELD, Mich. — Students at underperforming Detroit public schools have a constitutional right to literacy, a federal appeals court said Thursday in reviving a lawsuit against the state of Michigan. The court sent the case back to a federal judge in Detroit who had dismissed a lawsuit against state officials. The 2016 lawsuit alleged that the city’s public schools were in “slum-like conditions” and “functionally incapable of delivering access to literacy.” A basic minimum education should be recognized as a fundamental right, said judges Eric Clay and Jane Stranch in a 2-1 decision from the 6th U.S. Circuit Court of Appeals. The ruling came on the same day that gro...
Read more

Upholding the Constitution and Laws of the State of WA

On Behalf of WEA’s More Conservative Members #4 Why I’ve Decided to Support Kim Wyman, Despite WEA’s Failure to Endorse Her for a Third Time. 4.13.20 “The Secretary of State takes an oath of office to uphold the (US) Constitution and the Constitution and Laws of the State of Washington to the best of her ability. It is imperative that the Secretary follow those laws without regard to personal preference or party affiliation, as adherence to the law is not optional.” Kim Wyman Kim Wyman has 26 years of experience as an election administrator and has overseen well over 100 elections. During those years, her administration has been known for its nonpartisanship in running elections and managing the offices. She does not take a stand on public issues, such as choice, gun control, same-sex marriage, taxation, minimum wage, or charter schools, that may or will come up for a vote. For that reason, voters see her and the office as being impartial. When Pres. Trump’s Elections Fraud Co...
Read more

The “Other Washington” Republicans

On Behalf of WEA’s More Conservative Members #29 The “Other Washington” Republicans Since I am an educator, the principle about education is closest to my heart. This principle was revised before Washington State passed its Charter Schools Initiative or resolved the McCleary case. “We value public education - Public-funded public education is a fundamental obligation of our society; it provides the civilizing glue that bonds together the large, diverse segments of our society and the skills necessary to realize its opportunities.” I find the statement about bonding “together the large, diverse segments of our society” particularly important, as it recognizes the existence of that great diversity. For me, however, the most important words are the first two: “Public-funded”. Actually, the motion that was made used the words “Publicly-funded”, which seems more grammatically correct. Since charter schools were not yet underway, the focus was public schools v. private schools. Wit...
Read more