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Open Discussion Discuss How should a justice vote? at the General Forum; Originally Posted by ShivaTD 3. Pragmatism - Basically does the decision based upon the interpretation make sense? This is often ...

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Old 07-17-2018, 01:01 PM
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Default Re: How should a justice vote?

Originally Posted by ShivaTD View Post
3. Pragmatism - Basically does the decision based upon the interpretation make sense? This is often a reference to context. Sometimes a literal interpretation of the text on a specific issue simply doesn't make sense in real life and the Constitution addresses real life. It might have made sense at the time the text was written because the situation didn't exist but situation exists now and the Supreme Court is not frozen in time and must adjudicate the issues as they evolve over time. Some falsely claim this is a "living document" interpretation but it's not. It's a Supreme Court that must adjudicate issues that evolve with time to ensure justice for all under the Constitution.
If it is "fals[e]" to say that the above is a living-document method of interpretation, then what, exactly, would you describe as being just that?

And please do not suggest that there is simply no such thing; too many people claim to prefer exactly that.
"In his second inaugural address, [Franklin D.] Roosevelt sought 'unimagined power' to enforce the 'proper subordination' of private power to public power. He got it…"—George Will, July 8, 2007
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