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"We are under a Constitution, but the Constitution is what the judges say it is." NY Governor Charles Evans Hughes, 1907.

No English sentence is without ambiguity in its meaning. If a controversy over meaning arises on a matter as important as law, we cannot function as a nation on the basis of, "Aw, everyone knows what they meant...".

Whether the courts are currently too flexible is a matter of opinion, and unless you get nominated personally to the SCOTUS, an inconsequential one.





> we cannot function as a nation on the basis of, "Aw, everyone knows what they meant...".

I guess that's fine when it comes to the 2nd, but not as fun when your opponents tries the same for the 14th?




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