However, when the populace has no idea of what's in the Constitution that inevitably translates to an ignorant jury incapable of distinguishing justice and the law from their own preconceived notions and fears.
Finally, Brandeis thought judges should begin with the text and original understanding of the Constitution but then translate the framers' values in light of new technologies and political movements.
The document, like the constitution itself, was translated into Lithuanian.
To others in the field, this would have seemed an odd exercise, like translating the Constitution into Esperanto and then expecting the new text to illuminate the law.
Arnheim's "plain-English guide" translates portions of the Constitution (e.g., "Due process is really just an old-fashioned way of saying 'proper procedure' "), with an emphasis on contemporary controversies, which he frames as battles between "judge-made law" and the proper workings of democracy; the right to privacy, for instance, is an example of judge-made law.
"In a democratic society," Balkin and Siegel write, "courts best perform their institutional role as partners in a larger dialogue: they respond to popular visions of the Constitution's values and help to translate these values into law".
The way to get to Brown, and many other civil-rights decisions that we now take for granted, is through a willingness to do what Scalia abhors — to translate the fundamental principles of the Constitution into contemporary terms, to embrace the "living Constitution," to allow courts to decide how values enshrined in the Constitution ought to be applied to modern life.
The way to get to Brown, and many other civil-rights decisions that we now take for granted, is through a willingness to do what Scalia abhors to translate the fundamental principles of the Constitution into contemporary terms, to embrace the "living Constitution," to allow courts to decide how values enshrined in the Constitution ought to be applied to modern life.
We translate the principles and values within the Constitution into people's lives, into the way they govern the country, into the way the country works.
Party representatives have said that because the party disagrees with several parts of the Constitution, it would like its legislators to use a modified oath that, roughly translated, says they will respect the Constitution, not safeguard it.
