Tuesday, April 03, 2012

Conservatives use strict constructionism because they dislike democracy

In particular, the democratic decisions that people make and then transmit to their legislators, who then push for laws that they don't like. The Constitution is not meant to dictate substantive aspects of particular law, it's intended to be a framework within which any of a number of kinds laws can be passed, according to what the people want. This means that the Constitution has to be a neutral document with regards to partisan sentiment. However, since the President is the only other checking force in our system of government, if the Presidency is held by someone who folks on the other side don't like, and they're frustrated about not being able to get anything they want passed, the only recourse for them to try to stop laws that they don't like are specious appeals to Constitutionality via the Supreme Court.

"Strict Construction" is code for making the Constitution into a document that's biased in favor of conservative social and economic policy as opposed to one that's simply a framework that's intended to be used in whatever way the people choose, by whomever the people actually decide to elect.

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