Politicizing court bad for nation and How should the Constitution be ‘Interpreted’

Yeah, this is probably true.  Unfortunately, since the 1803 case of Marbury v. Madison, where the Judiciary made a huge power grab, ALL Courts have been politicized.  Now, this could be changed by Congress, since they can limit the power and scope of the Judiciary under Article III of the US Constitution.  However, they felt, in 1803, the Judiciary lacked enforcement powers for their decisions.  Later, after a critical mass of decisions had been made by the Judiciary, Congress lacked the courage to properly restrict its role.

Now, with respect to INTERPRETATION of the Constitution, the Constitution MUST be interpreted within the language and context of the times in which it was written. It is NOT a living document and if any of the country’s founders were alive to hear anyone claim that, they would laugh derisively.

If you want to change the Constitution, follow the process contained within it – i.e. amend it. Don’t redefine its language to meet your current desires, as the "Progressives" have been doing for over 100 years.

Also, for the uninformed people who continue to prattle on about how the Bill of Rights defines the rights the government has conferred upon the people, read the Federalist Papers and other publications that were written at the time the Constitution was being formulated, debated, and then accepted.

The greatest fear of the country’s Founders was that (which is happening now) was the fact that the people conferring limited powers upon the Federal Government through the Constitution would be deliberately (or maliciously) ignored. The powers delegated to the Federal government come from the people, who have possession of all power and allow the Federal government to have certain, limited powers. The Federal government does not retain all power and allows the people to have certain, limited rights.

This possibility of confusion (or deliberate misinterpretation and abuse as we see occurring today) was the basis for the presentation and adoption of the first 10 Amendments to the Constitution. They were adopted, not to show how the Federal Government allowed certain rights to the people, but to show how the people contained all powers with the first ten amendments merely being example of a subset of the powers retained by the people.

The powers retained by the people are not limited to the first 10 Amendments!

Therefore, discussions that continue to validate the basic precepts of the country’s Founders and our Constitution are not "Politicization". They are a historical confirmation of the nature and role of the Constitution, and the Federal Government, in our society.

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