Friday, October 5, 2007

Justice vs. strict constructionism

My response to this:
The constitution is not an end, it is a means. As a means, it has several ends. One of its stated ends is to ‘establish justice’. Rights are not granted by the constitution, but some are recognized by it explicitly.
If the constitution fails to bring justice, or to recognize a right, the courts still have a responsibility to be just, because justice is the goal, not legalism.