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The idiocy of Tom Sherman
In article
, Andy Evans wrote: Given the choice of freedom to carry guns or freedom to walk around in public without encountering people with guns I know what I'd choose. The government's ability to freely impose any anti-Constitutional controls on the population they prefer? I'm in the UK - I guess one benefit of not having a constitution is that it doesn't get out of date. We had a lot of daft laws in the nineteenth century but they all got repealed as they became archaic. I mean, the death penalty for stealing a sheep, defacing London Bridge or impersonating a Chelsea Pensioner. I think not, but the US Constitution predates the repeal of all these. Not quite so easy to change a constitution. On the other hand, you have Magna Carta which bore a strong influence on the US Constitution. I don't know to what extent Magna Carta is considered a working document in daily jurisprudence, whereas the Constitution here is. A core discussion in US legal circles is the extent to which the Constitution- which comprises a tiny fragment of the mass of US law- is a "living" document that is changeable and interpretable to account for developments in technology and society versus being immutable and absolute. Also part of this is the extent to which the Constitution should be interpreted in terms of the discernable indent of its framers versus a literalist interpretation (e.g., that Americans only have the rights that are spelled out explicitly in the Constitution). |
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