Originally posted by chithanh
View Post
In addition phrases in the unambiguous constitution are regularly discovered to have always obviously meant new things. For example, where the US Constitution says the US government needs to ensure the States have a republican form of government, that was discovered in the 20th century to mean that state senates couldn't have one representative per county since it would give too much representation to rural counties versus city counties, which implies that the US government can't be a republic, since the US Constitution includes as a non-amendable statement that the States must be equally represented in the US Senate, despite Ben Franklin having been quoted as saying the Constitution established "a republic, if you can keep it".
In addition, new rights are regularly discovered in the Constitution. In the 20th century a right to medical privacy was discovered, not added, privileging medial decisions made by patients from government oversight. This was discovered in order to rule that States don't have the right to restrict medical decisions like abortion, but does not apply to self-medication with e.g. marijuana (in the 20th century, after a Constitutional amendment was passed to ban alcohol and another to repeal the ban, it was discovered that the government had the authority to ban any drug it wants).
So, to be sure, what the court finds is what the law has always said. Also, the judicial branch is the weakest of the three branches of government.
Comment