Question
So, the U.S. Supreme Court Justices get critiqued for interpreting and creating what is not written in the Constitution. Let's think about this in another
So, the U.S. Supreme Court Justices get critiqued for "interpreting" and "creating" what is not written in the Constitution. Let's think about this in another context.
For example, the 14th Amendment states:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The U.S. Supreme Court interpreted that to mean "separate is not equal" in Brown v Board of Education. So, if the Supreme Court is going to stick to the text and not interpret, then how did education get desegregated? Where does the Constitution say anything regarding the separation of students based on race? How does the right to an education mean "equal PROTECTION of the laws"? Education = Protection?
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