The Mudcat Café TM
Thread #102927   Message #2109136
Posted By: John Hardly
23-Jul-07 - 08:06 AM
Thread Name: BS: Education, Race 'n Community...
Subject: RE: BS: Education, Race 'n Community...
A strict constructionist court sees that, according to the constitution, Friday the 13th must occur on the 13th of the month, and must also be on a Friday.

When a case comes before such a court because some plaintiff wishes to cast spells, or walk their black cat only on Friday the 13th, but finds the few Friday the 13ths that occur during a year overly-limiting to their chosen activity, a strict constructionist court rules against them. They see no other choice because it is not the court's Contitutional right to change the Constitution. It can only rule on the Constitution AS WRITTEN AND DULY LEGISLATED.

The spell-casters and cat walkers go away mad but the Constitution keeps its "teeth".

An activist court sees that people wish to walk their black cats and cast their spells and they see no harm in the activities. So they rule that Friday the 13th could, heretofor, occur on either Thursday or Saturday. The 13th may also occur on the 12th or the 14th of the month.

It's not the Supreme Court's right to arbitrarily decide to re-write the Constitution just because they think it is too limiting or wrong. If they think it is wrong....or the cat walkers think it is wrong....they must go back to the Legistlative branch to have the Constitution changed to make Friday the 13th occur on a day other than Friday the 13th.

And the people don't IMPEACH a supreme court justice just because he rules Constitutionally. If the people don't like the Constitution, they have the right to change IT -- not the make up of the Supreme Court.