View Poll Results: Does the original intent still matter when discussing the Constitution?

Voters
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  • Yes. We should strictly follow both the letter and spirit of the original intent.

    28 35.90%
  • Yes. We should follow the original principles and then apply them as new issues arise.

    21 26.92%
  • Yes. The original intent of the Constition is important, but other factors must be considered.

    15 19.23%
  • No. The Constitution is a guiding set of principles that we can interrpret to fit our current needs.

    10 12.82%
  • Other

    4 5.13%
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Thread: The Constitution: Does Original Intent Still Matter?

  1. #231
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    Re: The Constitution: Does Original Intent Still Matter?

    Quote Originally Posted by Goobieman View Post
    Me too -- that he was looking for information.
    Fine, whatever, *I* am making that point then. How do you claim to be able to discern the "original intent," when some of the ratifiers wrote things that were directly at odds with one another, and the vast majority wrote nothing at all?
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    Re: The Constitution: Does Original Intent Still Matter?

    Quote Originally Posted by Kandahar View Post
    Fine, whatever, *I* am making that point then. How do you claim to be able to discern the "original intent," when some of the ratifiers wrote things that were directly at odds with one another, and the vast majority wrote nothing at all?
    As I said, and as no one has commented:

    The people that wrote the constitution wrote what they wrote for good reason. As such, their intent matters considerably as their the logic and reasoning is the basis for the structure of the document and the context for everything in it.

    The exact details of this do not have to have universal acceptance among the people that put the Constitution together for that to stand.

  3. #233
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    Re: The Constitution: Does Original Intent Still Matter?

    Quote Originally Posted by Goobieman View Post
    As I said, and as no one has commented:

    The people that wrote the constitution wrote what they wrote for good reason. As such, their intent matters considerably as their the logic and reasoning is the basis for the structure of the document and the context for everything in it.

    The exact details of this do not have to have universal acceptance among the people that put the Constitution together for that to stand.
    I think what he's saying is that they put it together yes and their intent maters but the fact that they were in direct opposition regarding many issues shows that the 'original' intent might have been subjective to each person. Let's not kid ourselves. The constitution isn't exactly the most black & white document there is.
    I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality. - MLK

  4. #234
    Banned Goobieman's Avatar
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    Re: The Constitution: Does Original Intent Still Matter?

    Quote Originally Posted by Hatuey View Post
    Let's not kid ourselves. The constitution isn't exactly the most black & white document there is.
    The most? Of course not.
    But, mostly so; those that disagree are those most interested in not bothering with amending it in order to do sometihng they want to do.

  5. #235
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    Re: The Constitution: Does Original Intent Still Matter?

    Quote Originally Posted by Goobieman View Post
    The most? Of course not.
    But, mostly so; those that disagree are those most interested in not bothering with amending it in order to do sometihng they want to do.
    Consider all the ways that scholars and judges have interpreted the same parts of the constitution through the ages. I think the very fact that Americans have seldom agreed on the intent behind so many amendments show that 'original intent' is at the most something which is up for debate and not set in stone.
    Last edited by Hatuey; 10-27-09 at 02:20 PM.
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  6. #236
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    Re: The Constitution: Does Original Intent Still Matter?

    Quote Originally Posted by Hatuey View Post
    Consider all the ways that scholars and judges have interpreted the same parts of the constitution.
    I did:
    ...those that disagree are those most interested in not bothering with amending it in order to do sometihng they want to do.

  7. #237
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    Re: The Constitution: Does Original Intent Still Matter?

    Quote Originally Posted by Goobieman View Post
    I did:
    ...those that disagree are those most interested in not bothering with amending it in order to do sometihng they want to do.
    Sorry - read the rest - clicked submit early.
    I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality. - MLK

  8. #238
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    Re: The Constitution: Does Original Intent Still Matter?

    Quote Originally Posted by Goobieman View Post
    I did:
    ...those that disagree are those most interested in not bothering with amending it in order to do sometihng they want to do.
    That is the essence of "living, breathing Constitution" theory, yes.
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  9. #239
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    Re: The Constitution: Does Original Intent Still Matter?

    Quote Originally Posted by Harshaw View Post
    That is the essence of "living, breathing Constitution" theory, yes.
    Clearly.
    And one has to wonder -- why?
    If their ideas are SO good, they should not have any trouble mustering the support necessary to make the change.

  10. #240
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    Re: The Constitution: Does Original Intent Still Matter?

    Quote Originally Posted by Kandahar View Post
    Fine, whatever, *I* am making that point then. How do you claim to be able to discern the "original intent," when some of the ratifiers wrote things that were directly at odds with one another, and the vast majority wrote nothing at all?
    You read what they wrote.

    BOTH Alexander Hamilton and James Madison stated that the Constitution granted SPECIFIC and ENUMERATED powers to Congress, beyond which the Congress was not permitted to trespass.

    The silly idea of the socialists that the "General Welfare" clause is a blank check has no merit.

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