The job of the Supreme Court in reviewing (1) decisions made by lower courts, and (2) the statutes under which they were rendered, is to rigorously insist that those decisions and statutes square with the Constitution, as written, and as those constitutional provisions were understood to mean by those who put them in the Constitution. It is not to decide that things would be better, if only the Constitution said something else instead, or if the old words can be twisted into new, more “modern” meanings. Their job is analogous to that of a helmsman, to keep the ship on course, not to hijack the Captain’s job, and devise a new course, while holding the helm — to tell everyone that the Constitution still means what it says, not to pontificate on what it ought to have meant, instead
If the passenger/Citizens, who are, after all, “paying for the voyage”, prefer a new course (i.e., in the guiding Law) the Constitution already provides ways they can do that, as they have already done before. Let us hope that Mr. Trump chooses his justice nominees wisely.
- This reply was modified 11 months, 2 weeks ago by L Tecolote.