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this post was submitted on 07 Jul 2023
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politics
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Well at the end of the day it’s clear that all of these things need to stop being propped up by vague court decisions and should instead be passed as an act of congress. That requires a concentrated long term effort to vote out anyone standing in the way of progress to obtain the necessary majorities to enshrine these things into law. I think if there’s ever been a time where there needs to be a democratic supermajority it’s now. As long as we continue to keep operating in these thin margins individual extremists can hijack the collective.
Perhaps one day we can get there and pass laws that can’t be overruled by a corrupt court.
I believe judicial review could work if the entire point of being a justice was to interpret absolutely every word of the constitution literally. If that was the case, we would actually have a solid foundation to the law of the land. Instead, justices have time and time again made decisions off of words they think are implied even if not stated at all in the constitution.
I don't think the Constitution's literal interpretation is perfect, but the entire point is to amend the document as needed.