The HN timing is interesting what with the sci-hub story still being on the front page. It's in that very thread that there was intense (and quite correct) discussion on the difference between justice and law.
Texts, traditions and principles are references. Sometimes they're wrong. Also, as a non-american I find it absolutely absurd that for a lot of people there is this fascination with "the constitution" as being this all-powerful scripture and that's what the supreme court is supposed to defend, not the more abstract aspects of morality.
It's all nonsense of course - all supreme justices know exactly what kind of power they have, why they have it and how to use it ... and the constitution is really just a reference.
I remember reading some of Scalia's comments (I believe on marriage equality) explaining away how the supreme court should not "redefine" etc but as another poster said, it's easy to say that when convenient and forget it when even more convenient. Those comments could be applied to just about every single case...
> Also, as a non-american I find it absolutely absurd that for a lot of people there is this fascination with "the constitution" as being this all-powerful scripture and that's what the supreme court is supposed to defend, not the more abstract aspects of morality.
People have very large disagreements over what is morally right.
In the American system of government, it's the role of the legislature to ensure that the laws represent some consensus of justice and morality. It's the role of the judiciary to resolve ambiguity and contradiction in those laws. If the judiciary were to rule based on their subjective views of morality, it would subvert the will of the people, as expressed in laws and constitutional amendments passed by the legislature (and legislatures of the states).
The courts are courts of law instead of courts of morality or justice, largely due to interpretation of morality and justice being much more problematic and arbitrary than interpretation of laws. It's the role of the legislature, not the judiciary, to determine consensus views of justice and morality.
Texts, traditions and principles are references. Sometimes they're wrong. Also, as a non-american I find it absolutely absurd that for a lot of people there is this fascination with "the constitution" as being this all-powerful scripture and that's what the supreme court is supposed to defend, not the more abstract aspects of morality.
It's all nonsense of course - all supreme justices know exactly what kind of power they have, why they have it and how to use it ... and the constitution is really just a reference.
I remember reading some of Scalia's comments (I believe on marriage equality) explaining away how the supreme court should not "redefine" etc but as another poster said, it's easy to say that when convenient and forget it when even more convenient. Those comments could be applied to just about every single case...