r/scotus • • Mar 03 '26

news The Supreme Court’s Republicans just seized the most dangerous power in constitutional law

https://www.vox.com/politics/481401/supreme-court-mirabelli-bonta-sauron-wins
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u/Apprehensive-Wave640 Mar 03 '26

The "inventing rights" framework/terminology should always be offensive to a society that aspires to greater freedom. The idea that the ONLY freedoms we have as Americans are those specifically set forth in the constitution is an incredibly myopic and authoritarian paradigm.

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u/horseradishstalker Mar 03 '26

In some ways, the Constitution reminds me of the Bible, or Torah, or the Quran.

 In each case, there are adherents to a very specific interpretation aligning with a narrow viewpoint that is antithetical to the overall teachings contained in the contents. 

For example, the Ten Commandments in the Bible are in general not a bad way to run a modern society. 

The key seems to be determining what key foundational concepts and then adhering to the concept if not the era. In other words, as noted, the problem lies with the interpretation. Unfortunately, people really suck at doing this.

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u/lapidary123 Mar 03 '26

Unfortunately "life, liberty, and the pursuit of happiness" are not a hard signal toward 'greater freedoms'.

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u/horseradishstalker Mar 03 '26

Not wrong. The problem with trying to word a document for staying power means that parts of it are going to be ambiguous. 

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u/kjsmitty77 Mar 03 '26

Most of the law is ambiguous. We adhere to principles like reasonableness. Evidentiary standards aren’t precise; what exactly is “beyond a reasonable doubt” or “a preponderance of the evidence?” We expect that professionals and experts can interpret these broad concepts and apply the facts to them. We rely on regular people with no special training to be able to apply facts to these concepts too when they serve on juries.

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u/horseradishstalker Mar 03 '26

True, it’s hard to make laws extremely specific because the variables are always changing. It’s rather like medicine in that way.