"Who the heck would know what our Founding Fathers meant?"
Gee. The Supreme Court claimed to know when they wrote Roe v. Wade (1973). How do people this ignorant of history end up in Congress?
I would be happy to discuss the different models (good and bad) that the Court has used but it might involve words of more than two syllables and require a knowledge of American History. That might be a bit much for her.
There are many complaints about how lawyers as legislators have a conflict of interest when making simple laws, but the other side of the argument is that they do know what "Legislative Intent" is, and where to find it. The Uniform Commercial Code has a section in the notes after each statute that explains legislative intent, and the Federalist and Antifederalist papers, the open debate over the ratification of the Constitution and the ten amendments known as the Bill of Rights is an even better collection of legislative intent.
ReplyDeletePlease tell me she's not a lawyer.
ReplyDeleteOtherwise, how did she ever graduate? I won't even ask about any bar exam.