joe1776
Well-Known Member
The men who wrote the American Constitution in 1787 did a fine job but they did not own crystal balls. They could not have foreseen the changes that would occur that would make the experience of their world different than ours. So if a new policy that would enhance the lives of American citizens is unconstitutional, we should ignore the Constitution.
If we do this in every case when there is a conflict, then the Constitution will be rendered useless. And if we render the Constitution useless, then all US laws might be rendered useless using the same reasoning.
We humans are much too proud of our ability to reason. The writing of laws is a foolish attempt to micro-manage future judgments without knowing all the facts in specific cases. The best judgments will be made by contemporary expert panels knowing all the facts of the actual case.
For example, societies are cooperative endeavors which require that citizens trade-in some individual rights for greater benefits. Thus, the inevitable conflicts between individual rights and the welfare of the society will happen. In the future, these cases will be decided by an expert panel, one that specializes in these decisions, rather than in the courts with amateur juries given on-the-job training on the law and its consequences.
Laws, written by people lacking crystal balls, with no expertise on the topic, and with no knowledge of the actual facts of the future case are nothing more than potential biases which can send correct judgments off course.
If we do this in every case when there is a conflict, then the Constitution will be rendered useless. And if we render the Constitution useless, then all US laws might be rendered useless using the same reasoning.
We humans are much too proud of our ability to reason. The writing of laws is a foolish attempt to micro-manage future judgments without knowing all the facts in specific cases. The best judgments will be made by contemporary expert panels knowing all the facts of the actual case.
For example, societies are cooperative endeavors which require that citizens trade-in some individual rights for greater benefits. Thus, the inevitable conflicts between individual rights and the welfare of the society will happen. In the future, these cases will be decided by an expert panel, one that specializes in these decisions, rather than in the courts with amateur juries given on-the-job training on the law and its consequences.
Laws, written by people lacking crystal balls, with no expertise on the topic, and with no knowledge of the actual facts of the future case are nothing more than potential biases which can send correct judgments off course.