• thecrotch@sh.itjust.works
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    2 years ago

    Do you really want courts reinterpreting established law on a whim for the sake of “modernism”? That sounds fashy to me, really stupid easy to abuse. If you don’t like the Constitution, change it. It has instructions on how to do that.

      • thecrotch@sh.itjust.works
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        2 years ago

        The Constitution was supposed to be a living document, to evolve over time. There’s no justification for trying to not only roll back modern gains, but then freeze the law at the founding forever into the future.

        That’s why there’s a process for changing it built right in. That process does not include the judiciary taking on the role of the legislative branch.

        how is interpretation of the law fascist?

        You’re not suggesting interpretation of the law. You’re suggesting reinterpretation of the law. Changing it without changing it, implying that the actual words mean nothing, or whatever a judge decides they mean this week.

        Fascists are largely unconcerned with the law, and if they are, it’s in the service of power, not modernism

        Fascists love the law, it’s one of their most powerful weapons. Luckily for them, they’re never targeted by it, they simply interpret it in a way that it can be used against their enemies.