Friday, August 22, 2008

Originalistas vs. Interpretacion dinamica ("Living constitution")

In a speech at Wake Forest University on May 6, 2008, Senator John McCain, the Republican candidate for the presidency, said the following about non-originalist judges:

With a presumption that would have amazed the framers of our Constitution, and legal reasoning that would have mystified them, federal judges today issue rulings and opinions on policy questions that should be decided democratically. Assured of lifetime tenures, these judges show little regard for the authority of the president, the Congress, and the states. They display even less interest in the will of the people.

Remarks by John McCain on Judicial Philosophy, John McCain 2008 Website, ver aqui Likewise, in a campaign appearance in Westerville, Ohio on March 2, 2008, Senator Barack Obama, the Democratic candidate, made clear that he supported the appointment of judges in the tradition of former Chief Justice Earl Warren before subtly insinuating that originalists are unsympathetic to the needs of the citizens by saying that he “want[ed] people on the bench who have enough empathy, enough feeling, for what ordinary people are going through.” Michael Powell, Strong Words in Ohio as Obama and Clinton Press On, N.Y. Times, Mar. 3, 2008, ver aqui

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Julius Evola, EL MAESTRO