Thursday, March 03, 2005

What happened to interpreting the Constitution?

Can anyone tell me when and why case law and morality became part of the decision making process on the Supreme Court. It strikes me that if the purpose of the Court is to interpret the Constitutionality of a law that several things are required. First there must be an existing law that is subject to Constitutional review. Second, the only document consulted when making a Constitutional ruling is the Constitution. I question the need for prior case law to even be considered.

Thanks to Release The Hounds for pointing out that this decision is based on moral questions which are not the concern of the Court. I am not suggesting the Court ignore their personal morality, simply that their guiding focus be the Constitutionality rather than the morality of the decision before them.


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