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- From: dev@barley.ecn.purdue.edu (Larry Weeks)
- Subject: Re: Necessary and Proper
- Message-ID: <1993Jan28.201123.20362@noose.ecn.purdue.edu>
- Sender: news@noose.ecn.purdue.edu (USENET news)
- Organization: Purdue University Engineering Computer Network
- References: <1993Jan27.220454.3621@noose.ecn.purdue.edu> <C1Jt8D.MJA@panix.com> <1k9a2qINNqkp@darkstar.UCSC.EDU>
- Date: Thu, 28 Jan 1993 20:11:23 GMT
- Lines: 36
-
- spencer@cats.ucsc.edu (Michael Spencer) once wrote:
- > There are good arguments against "presentism".
-
- I can think of no good argument for "presentism." It destroys what it
- touches, transforming it into something new every time. It is totally
- subjective. We *need* metrics for reading a document, and the best
- metric I have ever found is to read it as the author wrote it, to
- take away the thoughts *he* encapsulated, and to add your own, not to
- take only the thoughts you placed between the lines. If you don't
- have metrics, the document has no meaning, other than that which you
- already decide it has before bothering to read it. When the topic is
- law, something as important as a nation's constitution, its legal
- framework, "presentism" seems ridiculous.
-
- The rational alternative is to re-write the document when its meaning
- becomes unpalatable. The U.S. Constitution includes an amendment
- process for just this purpose. Instead, we have taken almost all
- meaning from the document, and let the courts decide it anew at
- nearly every sitting. Why should they have this awesome power? The
- courts should be servants of the law, not the makers thereof.
- Moreover, a constitution should be the yoke of a government, not a
- gilded collar which it can remove and resize to its whim when wearing
- it becomes uncomfortable.
-
- But this discussion is merely academic. To the victor goes the
- spoils. "Presentism" is *the* practised theory of constitutional
- reading in this nation.
-
- Larry
- --
- Larry Weeks | "Eternal vigilance is the price of liberty--power
- dev@ecn.purdue.edu | is ever stealing from the many to the few."
- -------------------+ -- Wendell Phillips
- "In the long-run, +-------------------------------------------------
- every Government is the exact symbol of its People, with their wisdom
- and unwisdom." -- Thomas Carlyle
-