madysonrose1007
12.08.2020 •
History
what are the pros and cons of loose constructionism, and the pros and cons of Originalism
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Ответ:
Explanation:
Originalism prevents judges from gaining unfettered discretion to inject their personal values into a written constitution.
Originalism helps ensure predictability and protects against arbitrary changes in the interpreted meaning of a constitution; to reject originalism inplicitly repudiates stare decisis.
If the Constitution as interpreted can truly be changed at the decree of a judge, then "The Constitution ... is a mere thing of wax in the hands of the judiciary which they may twist and shape into any form they please."
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