One basic problem is that most people believe that given as set of rules or laws that there is a "correct" answer to any problem. It turns out that it can be proven that this isn't true. As I learned in graduate school at MIT, Gödel's incompleteness theorem establishes inherent limitations of all but the most trivial axiomatic systems. Even with an infinite set of rules (or laws for this discussion) there are infinitely many problems which can't be proved either true or false using those rules or laws. So it is with the Constitution, even if the judges weren't biased and were completely logical, there is no way that they could determine from the constitution (or even adding all the case law) which way to decide many cases, especially the interesting ones. Either way they rule would be consistent with the Constitution. But, of course, they have to make a decision. So they do. It would be much more honest if they would admit that their decision is arbitrary.
This is why we need wise judges, not computers, to interpret the laws and Constitution.
Sculptor and video artist Jay Lagemann lives on Martha's Vineyard. He created the monumental sculpture "Swordfish Harpooner" located in Menemsha. Being a grandfather many of his sculptures are based on family themes. He shows at the Ganary Gallery, in West Tisbury, the Featherstone Arts Center and the Field Gallery. Jay's View is Shown on MVTV at 8pm on Wednesdays.
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