Let me preface this by saying that I am not (nor will I ever be) a Constitutional scholar. However, I am a perpetual student of politics and history, and am speaking from that perspective.
In a perfect world, the Supreme Court of the United States would be absolutely immune to political influences. Since that is patently against human nature, that isn’t the case. However, the matter of following history at least a little is generally at the heart of many rulings we see handed down from our highest court. When these references to history are centered around relatively modern circumstances – situations and rulings from the previous century, for example – they are usually quite appropriate. But when a statement begins with something like “the framers of the Constitution intended…”, every fiber of my being wants to scream out in protest.
Stop that!
Stop trying to frame rulings based on what you think the authors of the Constitution were thinking when they wrote the document in the first place. In our society, we tend to poke fun at those silly pay-per-minute phone lines promising insights from beyond with the assistance of “genuine psychics.” Don’t try to put yourself in the same category as the fringe element of this nation that claims they can converse with the dead!
I know it is tempting to try to divine what the framers would do in any given situation – in a way, it’s like leaving yourselves a group of scapegoats that no one can touch. Why not leave the repercussions of your choices on someone who’s long been planted in the earth?
It’s an easy way out, and just like all other shortcuts, it has its own set of problems. Primarily, the issues that we are facing today could never have been predicted by the most intelligent persons on the planet at the time the Constitution was drafted. That said, why in the world would anyone really want to know what people then would think about what is happening now?
The only thing that the framers thought about that is worth considering is the mechanism for change. They were not arrogant enough to think that their words would perpetually remain the law of this land, and they left us instruments for change. That includes you. You are not meant to play time-traveling mind readers. The Constitution is your starting point. The needs of this nation are your primary concern. Respect the memory of the framers not by trying to imitate them, but by expanding on what they started. Mention them only on the anniversary of their accomplishment. There are 364 days left until you need to pay homage to them. Use that time wisely.
Tags: SCOTUS
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