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comment by hootsbox
hootsbox  ·  4402 days ago  ·  link  ·    ·  parent  ·  post: The Jury Is No Longer Out

Here, here! The important thing that you state, and I wholeheartedly agree with, is that the Constitution can be "amended" to reflect changes in culture. This is a very big distinction between the amendment process (which was purposefully made to be difficult so as to avoid the "tyranny of the majority" or the "tyranny of the executive" of the "tyranny of the oligarchy" (such as 9 robed persons or the administrative state where "laws" are passed by unelected and unaccountable individuals or "enlightened committees"). Today, we have "sloppy, purposefully obfuscated processes - purposefully I might add - to pass rules, "laws" and the "twisting of the Constitution to validate a law based on personal preference instead of using the Constitution to interpret the law itself. Instead of using the "ruler" to interpret the law, we use the "law" to force an interpretation of the "ruler" in order to make the law make sense - this is judicial tyranny at its worst (no matter what the political label). Again, see the Dred Scott decision as an obvious "twisting" of the Constitution to uphold "personal" preferences and biases.

This "ammendment" process should be used instead of judges (or courts) overturning the "constitutional" process of ammendment which we see too much of today. Instead of King George, we get "King Judge XXXX". If they truly WANT to be constitutional, they would follow the process, but alas, many do not because they don't believe in the judicial restraint placed on the judiciary by the Constitution. They violate the very Constitutions they are sworn to uphold (whether they be State or Federal).