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School project: rewrite the Constitution
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[QUOTE]Originally posted by Jay the Obscure: [QB] [QUOTE][i]The Constitution contains phrases and clauses that are supposed to be interpreted and some that are letter for letter. Hell, that why there was a Supreme Court put forth in the Constitution. So that interpretations could be decided.[/i] Upon what do you base this belief? 'Cause it ain't in the Federalist Papers no where, and they're the defining authority on the intent of the Constitution.[/QUOTE] Since some people need help, a brief example of an interpretative phrases... Article I Section 8: [QUOTE]To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.[/QUOTE] Ah, heck, you need more... 5th Amendment [QUOTE]No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.[/QUOTE] One wonders how much of US Code is set out defining what all that means. The due process clause all by itself is the cause of how many Supreme Court decisions? Miranda anyone? Or how about the "cruel and unusual punishments" clause of the 8th Amendment? And this from the 14th Amendemnt: [QUOTE]No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.[/QUOTE] Privileges or immunities... Due process of law... Equal protection... All these things are open to interpretation and definition by the Court. The Court gets its authority from Article III. Section 1 of which reads: [QUOTE]The judicial Power of the United States, shall be vested in one Supreme Court...[/QUOTE] Section 2 says: [QUOTE]The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.[/QUOTE] The Constitution is the defining authority and makes it [b]quite[/b] clear that the Supreme Court is the Constitutional arbiter. So, if one wants to look the fool and go on saying that there is no interpretation of the United States Constitution, be my guest. [/QB][/QUOTE]
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