Re:Indian government to intercept, monitor, and decrypt citi...
by int_19h on Saturday December 22, 2018 @12:53AM
(#18739176)
> Well, the alternative is to be an originalist, trying to determine what a bunch of dead white guys in the 16th century -meant- when they wrote it ... I find that an unhelpful approach because the world, and yes, society, change.
That's precisely why there are ways to amend the constitution. And we have been doing so for a long time - the most recent amendment is only 25 years old. That's the originalist way to dealing with the world and society changing, and the benefit of it is that it makes the change less arbitrary, and more democratic (since it's up to state legislatures, which are elected) than judicial fiat.
Re:Indian government to intercept, monitor, and decrypt citi...
by fmihaila on Friday December 21, 2018 @04:11PM
(#18736683)
> [...] trying to determine what a bunch of dead white guys in the 16th century -meant- when they wrote it
You are two centuries too early. (I agree with your post overall.)
Re:Indian government to intercept, monitor, and decrypt citi...
by lostcolony on Thursday December 27, 2018 @12:43AM
(#18767618)
Right, 18th. Forgot it's the number ahead, not behind.
Personally, I find that an unhelpful approach because the world, and yes, society, change. But it -can- be a helpful guiding star. Those who don't learn from history, etc; well, we have this document that was very intentionally trying to protect against a variety of evils that had been directly observed. Reintepreting it to today gives us value, in that it's a warning against behaviors that are detrimental to society. What exactly is the extent of freedom of speech? The document won't tell you that, or what a good extent of it should be, but it -does- tell you that -it's important-. The countries with the most restrictive speech, the ones where the wrong words routinely get you thrown in jail, where there is little to no free press...there is no document the government is predicated on saying that freedom of speech is important. Etc.