mysteryman wrote:Joe,
I want the courts to apply the law EXACTLY the way the constitution was written.
I dont want them using their values,life experiences,foreign law,unratitifed treaties,public opinion,or anything else.
I want them to look at EXACTLY what the constitution says,nothing more.
Is that simple enough for you to understand?
Thank you for making it simple and simplistic at the same time. An examination of the history of the right to vote in these United States would be an interesting starting place for examination of your theory. For example, the Constitution, Article I, Section 2, clause 1 states :"The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature." Now what's simple about that? Everything? Nothing?
Seems simple enough until you realize that we couldn't decide who "the People of the several States" were for one hundred and thirty three years. Certainly not, said the States' Legislatures, women, certainly not anyone who couldn't pay a poll tax, certainly not anyone deemed by the State's powers to be ineligible by reason of race, and briefly in Utah, of religion.
So who's task is it to decide, to interpret, to define such a simple term as the People of the several States? It doesn't say 'citizen' it says 'people', does that mean my friend Albert from England who lives in Florida every winter and who absolutely appears to be a person ought to be able to vote? He is one of the People of the several States after all.
Well first, the Legislatures of the various states must write a law, no doubt about that, but, then the Courts of those same States and those Courts ordained and established by the US Congress are compelled by Article III Section 2 Clause 1 to exercise their judical power over all cases arising from the Constitution get to decide if they followed the Constitution. They are the judges after all and lucky thing for us 'People of the several States' who happen to be in the minority on some issue or when there is a question of what one's individual rights are under the Constitution.
I doubt if they let Albert vote, though such an issue
is presently moving through the courts regarding Non-Citizen Resident Aliens, and, if we use your theory, they must allow him to vote. Could that be what you have in mind by exactly what it says?? I don't think so. The beauty and the strength of the United States Constitution lies not in holding rigidly to the exactitude of it's wording but in the careful consideration of their meaning in our world of today.
Joe(Next we talk about the right of privacy.)Nation