LAWS

Sgt Fluffy said...

It was AMENDED....But it is not make it a living breathing document. It is meant to be changed by amendments and amendments alone...not judges who "feel" it should say that

Not everything we have encountered in the last 229 years could have been anticipated by our founding fathers, so there ways of making new laws. As I have cited over and over, some of the laws now on the books have come from cases that appeared before the Supreme Court. Roe V Wade, Brown V The Board of Education, all those I had cited early dealing with rights against search and seizure. These were cases that went to the Supreme Court. Yes, Congress is supposed to write the laws and the Courts enforce them, but sometimes laws that are written are later to be found unconstitutional. Look at the local laws, there are laws still on the books that seem ridiculous now but at the time they were enacted, they made perfect sense.
And yes the document is a living document, look at the 1920s, the Women' Temprest Movement was going strong and they got the government to encact Prohibition. But, 20 yrs later, it was repealed. Now the founding fathers didn't have a problem with alcohol, in fact most were master brewers, but after WW I, the American Culture changed. They blamed the evils of alcohol in America's problems. Later, they decided it was more trouble to stop the sell of alcohol than to just control and tax it. Laws change with the times.