Difference between revisions of "We understand the Constitution, they do not."

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Second, there must be one shared meaning, which requires social construction.  If a libertarian swears that he is reading the meaning "literally", so may anybody else: you still require a social judgement of what the "literal" reading is.  If you get as far as deciding that a "literal" reading is the appropriate way to understand the document.   
 
Second, there must be one shared meaning, which requires social construction.  If a libertarian swears that he is reading the meaning "literally", so may anybody else: you still require a social judgement of what the "literal" reading is.  If you get as far as deciding that a "literal" reading is the appropriate way to understand the document.   
  
Third, general statements such as those in the Constitution have problems with precision and conflict with other statements in the same Constitution.  Those problems have no clear, inerrant solution: they must be resolved by some interpretive authority.  The US Supreme Court has arrogated that responsibility in Marbury v. Madison, 5 U.S. 137 (1803).  
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Third, general statements such as those in the Constitution have problems with precision and conflict with other statements in the same Constitution.  Those problems have no clear, inerrant solution: they must be resolved by some interpretive authority.  The US Supreme Court has arrogated that responsibility in [https://en.wikipedia.org/wiki/Marbury_v._Madison Marbury v. Madison], 5 U.S. 137 (1803).  
 
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Revision as of 18:13, 19 September 2017