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by cortesoft 4693 days ago
The idea that the interpretation of the Constitution is up to the people sounds like a good idea; however, how exactly would that work in practice?

We obviously can't just let each individual interpret it how they see fit, or it becomes effectively meaningless. It would be equally impossible for each Constitutional question to be 'voted' on by the people.

Is there a way I am missing? It seems the courts are the only logical choice to interpret the Constitution.

4 comments

> The idea that the interpretation of the Constitution is up to the people sounds like a good idea; however, how exactly would that work in practice?

The people individually would decide what the Constitution means, and they would -- having made those decisions -- individually and collectively act to hold incumbent officials and candidates accountable to those interpretations through voting, public advocacy, protests, and, in extreme cases, direct action.

> We obviously can't just let each individual interpret it how they see fit

Not only can we, but we really have no other choice; whether we like it or not, each individual will do that, even if "how they see fit" is to delegate the interpretation to some individual authority, or the collective wisdom of the rest of the population.

Great post. I think my central point is that it's dangerous for a democratic society to believe that nine robed Brahmins are the only people qualified to interpret it.
I think courts are the logical choice but I don't think it's ideal that the only way you can get Constitutional questions decided is by getting screwed by an Unconstitutional decision already made somewhere and then getting it overturned, or by having the government try to Unconstitutionally beat you over the head and winning your case.
Congress must take seriously the idea that upholding the Constitution is a central duty, and that the existence of the Supreme Court does not in any way eliminate that duty.
The other (albeit largely theoretical) possibility is a Constitutional Convention.