Constitutional Interpretation All matters brought before the Court shall be interpreted according to the intent of those who drafted the original Constitution and all subsequent Amendments. This intention can be determining through historical research --this is what the profession of history is supposed to do. Moreover, the substance of cases shall always be the most crucial concern of the Justices in making their decisions. Explanation : Original Intent shall not be taken to be strictly literal in all cases. Analogy may be an obvious necessity , the world of 1787 is very different than the world of 2010 and will be different again in the future. Nonetheless, it is indefensible to stretch the meaning of either the Constitution or its Amendments beyond all reasonable original intent, a pattern in Court decisions for many years. Doing so makes a mockery of the purpose of both the Constitution itself and of the various Amendments. As well, it is judicial malpractice to ignore the substance of cases That is, in determining whether or not something is fair, for example, it is necessary to be certain that "fairness" is a legitimate consideration. It has been inexcusable, for example, for the Justices to reply upon views of the APA, the American Psychiatric Association, to judge whether or not homosexuals deserve the same legal status as normal Americans. After all, Congress has held no relevant hearings to determine whether the APA is competent to make decisions on the mental health of homosexuals, and the professional standing of the organization is open to serious dispute because it has been under effective homosexual domination from some date in the 1970s to the present. In other words, the inmates have taken over the asylum yet the Court acts as if there is nothing wrong. This is crucial because the mentally sick are legally incompetent and by definition cannot have the same status as sane citizens. The only claim which the mentally ill can legitimately take before the courts is for appropriate medical help or psychological treatment. Yet as things now are, we have a class of mentally ill people making demands, often recognized by the judiciary, for special rights on the specious grounds that they are an oppressed minority. They are no such thing, they are a population with grievous mental health problems. Such a situation can only come to pass if the Court regards the Law as superior to all other considerations, which it manifestly is NOT. In the case of "rights," we can safely conclude that the Founders had in mind sane persons who should have full citizenship rights, and ONLY sane people. Virtually all the "greats" of the psychology professions in the past until the time of the homosexual capture of the APA, from Freud to Karen Horney, had shown that same-sex sexuality is pathological with any number of serious consequences. The 1973 decision of the APA to "demote" homosexuality from the status of a mental illness to a psychological disorder changed nothing of substance. Further, research after 1973, from Masters and Johnson's work of the late 70s through to the studies of Dr Charles Socarides in the 1990s and Dr Paul Cameron and also the National Association for Research and Therapy of Homosexuality in the 21st century, have added to the preponderance of evidence which says that homosexuality is as pathological as it has ever been, that there is no basis to claims that it is genetic of otherwise is biologically predetermined, that it is, in all cases, originally a matter of choice --which can be reversed though various empirically tested therapies, such as those of Masters and Johnson. Yet, and there are many other considerations, the Court in no case has ever considered the issue of homosexuality on the merits, such that, in repeated decisions, it has contributed greatly toward the manufacture of a mythology about homosexuality which is now regarded widely as empirically true.This is completely unacceptable. This same principle applies in other areas, such as the legal status of computer technology, intellectual property rights, and so forth. Ironically, the Court itself has seen the need for judicial empirical research in the 1993 Daubert case which recommended independent research on the part of judges / justices as often necessary in order to adequately decide upon cases brought before the bench. It may be that the Justices have little or no training in many areas outside of the Law, but this is no excuse to ignore substance in ANY case. The Justices have plenty of resources available to retain special researchers for specific cases, possibly, in part, by employment of graduate student interns, to accomplish the necessary research. As well, each Justice has his or her own clerks. Given the importance of original intent it would behoove each Justice to have at least one historian of American history as a clerk rather than all clerks being specialists in the Law only. Finally, against the objection that some form of "living Constitution" interpretation is essential because we live in a changing world, there a fallacy to point out : Many judges and Justices have used this theory to excuse flagrant legislating from the bench, which itself is unconstitutional by any reasonable definition of the term. As well, this Amendment presupposes that we also need revision in Article V of the Constitution, through a related Amendment to make it less difficult to add Amendments --not easy, just less difficult. But as it is, Article V exists for a reason. As our needs change we are free of add to the Constitution through deliberative democratic process. In other words, there is NO justification in the Constitution for legislating from the bench. This Amendment is meant to correct all problems indicated and make it impossible for any similar problems to arise again.
-- Centroids: The Center of the Radical Centrist Community <[email protected]> Google Group: http://groups.google.com/group/RadicalCentrism Radical Centrism website and blog: http://RadicalCentrism.org
