Our 'Constitutional Morality' Obsession Must End
constitutional judiciary advanced hot_takeI strongly believe that our focus on 'constitutional morality' in law schools and judicial services exams has become a recipe for disaster. This concept has been stretched to absurd levels, where judges and students alike are tasked with deciphering the 'intent' of the Constitution's framers. What's the point of getting lost in the miasma of intent when we have a clear, well-established, and time-tested law? It's like saying, "The judges in Marbury v. Madison must have wanted the Supreme Court to have judicial review, so it must be a fundamental right!" Our obsession with intent often trumps the actual law, leading to judgments based on what the judges think the framers would have wanted, rather than the law itself. It's a slippery slope that needs to be corrected. Who's with me?
Yaar, I think you're spot on! Our obsession with Constitutional Morality is stifling debate and limiting our understanding of complex issues. By focusing solely on constitutional compliance, we're often neglecting the nuances of morality and empathy that should drive our decision-making. It's time to move beyond mere constitutionalism and think critically about what's truly just and fair.