Then words have no meaning.
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And the law comes down to attempting to divine “intent”. Its not what you said, its what you were thinking (at the time). This is legal madness.
Correct.
Consider the ability to leverage such a ruling to expand the already distorted “intent” of the “promote the general welfare” clause of the Constitution’s preamble, for instance.
In theory it can be used to justify all sorts of things. To the long of overriding the rest of the Constitution and Amendments.
And I’ve seen Progressives in discussions claim exactly that.
Has that not been the way for at least 100 yrs?
We no longer have equality under the law; let alone equality OF the law. Congress/D.C. exempt themselves from the Law...under what authority and basis I have NO idea. Insider trading, extortion, corruption, selling the office, lying, perjury, stealing....all get moved from one position to the next, rarely fined and even rarer fired/jailed.
From the ‘hate crime Laws’ of today (divining INTENT instead of the nature of the crime...murder bad, but murder vs. black/gay by white/straight is MORE bad) to the ‘gun control laws’ of the 30s/60s+ (in violation of ‘shall NOT be infringed’).