Supreme Court finds history is a matter of opinions
Justices rely more than ever on the idea of constitutional 'original intent' in ruling on cases this year -- yet their decisions are still split.
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In 1985, President Reagan's attorney general, Edwin Meese III, criticized the Supreme Court's decisions and called on the justices to decide cases based on the "original intent" of the Constitution. The justices were wrong to rely on contemporary views of liberty and equality, Meese said; instead, they should rely on the understanding of those concepts in the late 18th century, when the Constitution and the Bill of Rights were written.
This year the Supreme Court relied more than ever on history and the original meaning of the Constitution in deciding its major cases.
In doing so, however, the court has drawn criticism from some historians and legal experts who say the justices' readings of history were less than scholarly. And the justices sometimes disagreed sharply on the historical record, demonstrating that divining the original meaning of the Constitution is no small matter.
The term's two most important opinions -- on the reach of habeas corpus in the war on terrorism, and on the meaning of the 2nd Amendment -- trace the origins of the right to go to court and the right to "keep and bear arms" to 17th century England and Colonial America.
All nine justices agreed that the original understanding was crucial. However, they split 5 to 4 in both cases on how to interpret the history.
Read entire article at LAT
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In 1985, President Reagan's attorney general, Edwin Meese III, criticized the Supreme Court's decisions and called on the justices to decide cases based on the "original intent" of the Constitution. The justices were wrong to rely on contemporary views of liberty and equality, Meese said; instead, they should rely on the understanding of those concepts in the late 18th century, when the Constitution and the Bill of Rights were written.
This year the Supreme Court relied more than ever on history and the original meaning of the Constitution in deciding its major cases.
In doing so, however, the court has drawn criticism from some historians and legal experts who say the justices' readings of history were less than scholarly. And the justices sometimes disagreed sharply on the historical record, demonstrating that divining the original meaning of the Constitution is no small matter.
The term's two most important opinions -- on the reach of habeas corpus in the war on terrorism, and on the meaning of the 2nd Amendment -- trace the origins of the right to go to court and the right to "keep and bear arms" to 17th century England and Colonial America.
All nine justices agreed that the original understanding was crucial. However, they split 5 to 4 in both cases on how to interpret the history.