Law Interpretation

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Interpretation of the law can be a long process that results in the law being applied in a way that completely differs from the intent of the law itself. Interpretation creep is an important tool for those who would rather not have a society that is conducive to righteous living.



In manufacturing we depend on using measurement standards that are traceable to National standards. These standards are actual, physical specimens that represent a unit of measure. These standards are carefully stored in climatically controlled conditions to prevent variation as much as possible. If we didnt have standards to calibrate the measurement tools we use in manufacturing against, deviations would result and we would soon not be able to assemble parts in a predictable and reliable manner since the measurement tools would cease to be reproducible and repeatable.



The constitution is meant to be a standard against which all cases are measured. Unfortunately the legal profession has succeeded in shifting constitutional law into the same kind of process used in case law where precedence is used as a guide to the interpretation of and the application of laws in practice. Constitutional law should not consider precedence when determining the constitutionality of a law except as reference. The ultimate standard a law is measured against must be the constitution itself.



The constitution has defined the only process by which an amendment to the constitution is allowable. Unfortunately, as soon as we allow previous opinions and rulings to become a precedent by which subsequent laws are measured the opinion has become a de facto amendment (making it an illegal amendment.) Interpretation creep has been a reality for many decades to the effect that recent rulings (especially since FDR) that could not be possible if measured against the actual constitution are allowed because of the various opinions building upon each other being used as (illegal) amendments to the constitution.



In this sense, "interpretation of laws" is code for an assault on the constitution

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I don't know the purpose of the post other than to just share information. I do like what was posted and would agree with what it is saying.

Cuts both ways though. I don't see alot of Tea Party or Republican decrying how the Supreme Court just "interpreted" the 2nd Amendment and then a year later "interpreted" the 14th Amendment to apply that interpretation of the 2nd Amendment to the states.



There has to be interpretation, otherwise you end up with an unholy mess of a Constitution--look at the Texas Constitution that is less liberally interpreted--it has 467 amendments and no one has a clue anymore what the hell it does. It's basically become the equivalent of the Tax Code.



The beauty of the American Constitution lies in its economy of language and its simplicity, but the price of that simplicity is that someone has to define its reach and scope. That requires some interpretation. Tell me what "privileges and immunities" is, or tell me what "interstate commerce" means. The danger in our Constitution isn't in the interpretation in and of itself. The danger is that the simplicity of the Constitution is that it is a "living document," meaning it is interpreted and defined through the lens of society--as society loses its way and goes astray, the Constitution goes with it. The problem isn't with interpretation per se, the problem is with a society that is losing its moral compass.

remind me what happens when the laws of the people became corrupted....?

CougarClaw wrote:
remind me what happens when the laws of the people became corrupted....?

Mosiah 29: 26-27

26 Now it is not common that the avoice of the people desireth anything bcontrary to that which is right; but it is common for the lesser part of the cpeople to desire that which is not right; therefore this shall ye observe and make it your law—to do your business by the voice of the people.

27 And aif the time comes that the voice of the people doth choose iniquity, then is the time that the judgments of God will come upon you; yea, then is the time he will visit you with great destruction even as he has hitherto visited this land.