Wednesday, June 2, 2010

Judging on the Basis of Meaning vs. Measurement


"The Constitution is a pantheon of values, and a lot of hard cases are hard because the Constitution gives no simple rule of decision for the cases in which one of the values is truly at odds with another. Not even its most uncompromising and unconditional language can resolve every potential tension of one provision with another, tension the Constitution’s Framers left to be resolved another day; and another day after that, for our cases can give no answers that fit all conflicts, and no resolutions immune to rethinking when the significance of old facts may have changed in the changing world. These are reasons enough to show how egregiously it misses the point to think of judges in constitutional cases as just sitting there reading constitutional phrases fairly and looking at reported facts objectively to produce their judgments. Judges have to choose between the good things that the Constitution approves, and when they do, they have to choose, not on the basis of measurement, but of meaning."


Supreme Court Justice David Souter

3 comments:

Anonymous said...

A Republican in a wheelchair entered a restaurant one afternoon and asked the waitress for a cup of coffee. The Republican looked across
the restaurant and asked, "Is that Jesus sitting over there?" The waitress nodded "yes," so the Republican requested that she give
Jesus a cup of coffee on him.

The next patron to come in was a Libertarian with a hunched back.
He shuffled over to a booth, painfully sat down, and asked the
waitress for a cup of hot tea. He also glanced across the restaurant
and asked, "Is that Jesus over there?" The waitress nodded, so the Libertarian asked her to give Jesus a cup of hot tea, "My treat."

The third patron to come into the restaurant was a Democrat on
crutches. He hobbled over to a booth, sat down and hollered, "Hey
there, honey! How's about gettin' me a cold glass of Miller Light?"
He too looked across the restaurant and asked, "Is that God's boy over there?" The waitress once more nodded, so the Democrat directed her to give Jesus a cold glass of beer "On my bill," he said.

As Jesus got up to leave, he passed by the Republican, touched him and said, "For your kindness, you are healed." The Republican felt the strength come back into his legs, got up, and danced a jig out the door.

Jesus also passed by the ibertarian, touched him and said, "For your kindness, you are healed." The Libertarian felt his back straightening up, and he raised his hands, praised the Lord and did a series of back flips out the door.

Then Jesus walked towards the Democrat. The Democrat jumped up
and yelled, "Don't touch me... I'm collecting disability"

Gerald Britt said...

Anon 2:37,

However you might have meant this, it's funny. Thanks!

Anonymous said...

For humor