So sad to watch you people.
The original intent is for judges to 1st compare a law or action against the Constitution, AS WRITTEN. Pass or fail.
If it passes, the 2nd is to compare the language in the law AS WRITTEN to determine if the law has been administered as written. Pass or fail.
If the law is ambiguous in its written, then and only then is the 3rd duty to research the debates and materials surrounding the passage to attempt to divine the intent of those who created the law.
That is the job. Nothing more, nothing less. Not to make new law. Not to change the intent based on political interpretation of social change since the founding.
The ONLY changes to the original intent of the Constitution and the Amendments should come from new Amendments. The founders KNEW the nation and the world would change. They created a mechanism take those changes into account. It is called Article V, and it is the ONLY legitimate, legal, valid method of altering the Constitution.
The bad dream is OVER.
May 31, 2016
May 24, 2016