People say: “All I want is a Supreme Court Justice who follows the Constitution.”, or some variant of that.
I’m getting tired of this thinly-disguised partisanship. Everybody says they just want someone who follows the Constitution, as if there’s actual agreement somewhere regarding interpretation of the Constitution. There’s not. Get over it. There’s just not agreement.
When people say they only want a Supreme Court Justice who follows the Constitution, what they are really saying is they want a Supreme Court Justice who agrees with them.
For example: The Second Amendment to the Constitution: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
Please focus on only the three words “…well regulated Militia…”. No thing else, no other part. What do they mean? Is their meaning clear, or open to interpretation?
Is a militia the people in general, or is it a state-sponsored organized and approved government body? Does the fact that “Militia” is capitalized lean toward an organized government body (as a formal name, essentially), or is that irrelevant? Maybe just grammatical peculiarities of the day.
If you believe their meaning is clear, why do many people have other definitions? Are they being dishonest and/or insincere?
My thoughts: I believe that it is intended to mean all the people, collectively and/or individually. That is my interpretation.
However, I do know people who believe it means the government’s military, and I know these people personally and I also know them to be absolutely sincere in their beliefs. They claim that the words “well regulated” means government sponsored and approved, because, well, who else would ‘regulate’?
I wholly disagree with them, but I do not question the sincerity of their position. The point being, of course, is that the Constitution is NOT clear. The fact that so many people have sincerely held opposite beliefs proves that. You may see it as clear, but that is only the firmness of your conclusion. It would only be clear if the vast majority of other people agreed with you.