Wednesday, July 20, 2011

When is the Supreme Court allowed to make exceptions to the Constitution?

The problem is your answer assumes that giving that information violates the 5th Amendment. The job of the Supreme Court is to interpret the laws, and that involves making exceptions. The Supreme Court isn't "passing" any law, rather, they are telling us what the Constitution means. That is the job of the Court and the judiciary. In order to, as you put it "defend the Constitution," we must know what the Constitution means. Law isn't just about strict application of every word. It is acceptable to weigh different factors when making a determination, such as public safety, health, and welfare. This doesn't mean the Court can make exceptions at any time. The Court's job isn't just to say "unconstitutional" or "constitutional." Your question is already slanted in that you rest on assumptions about what the Constitution means, when in reality, that is a hotly debated issue.

No comments:

Post a Comment