Don't know why I didn't think about this before.
Last edited Mon Jul 4, 2022, 10:40 AM - Edit history (1)
We already know that the Conservative's textualist process is a ruse to lasso this country back to the 1800s. Each day we struggle to understand how an institution that relies on reasoning could reach the decisions that it has been making. Today I thought of a new way to understand this, in a rational manner.
It just takes a simple look at what is defined as primary and secondary law. From Google:
Primary and Secondary Legal Sources
Primary legal sources are the actual law in the form of constitutions, court cases, statutes, and administrative rules and regulations. Secondary legal sources may restate the law, but they also discuss, analyze, describe, explain, or critique it as well.
Major emphasis on ACTUAL law. To me, that means that the law in the United States was always meant to be dynamic. Moving and changing to meet the needs of a growing population. Thus, a living document. If it weren't a living document, we would call it a Bible. Static rules that never change, which would render Congress obsolete. It's like the Rogue Court is usurping the power of our legislators. tying their hands so they can't do their job of making new laws to deal with new situations that our country faces every day.
The Rogue Court's static thinking became apparent when it broke with established primary law in order to repressively and regressively take us back to a time that doesn't even exist any longer, except for pockets of their individual societies. And this is why a theocratic leaning justice is a problem in this country. They want one, unchanging, static book to rule us all. It's their mindset. They are indoctrinated to follow rituals and tradition that never change. At least, in their personal beliefs. This is not a good formula for a country of more than 300 million people, because their religious beliefs will inevitably interfere with the Life, Liberty and the Pursuit of Happiness of millions. Most of us Americans were taught to reach for the stars and become the best at whatever makes us happiest. And for most of us, that means freedom from the most repressive aspects of community life.
We certainly have a battle on our hands, but at least, reasoning and logic is on our side.
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