Monday, July 04, 2022

Scalia: The Constitution Says What it Says, and It Doesn't Say What It Doesn't Say

 

The best way to read SCOTUS cases in constitutional law is to ask what question is the Court trying to answer? Is the Court trying to answer the question "what does the Written Constitution say about this issue?" Or "what should a hypothetical constitution say about this issue?" 

The former is the proper work of the judiciary. The latter is the work of the People via the amendment process.

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