The six justices lectured us about how out-of-step the framers and ratifiers
of the state constitution were with today's more "progressive" thinking.
First, I describe how the Framers and Ratifiers
did not use the Declaration as the unique interpretive key to constitutional interpretation.
Distinctions between enduring core ideas and changing historical applications might generate a lot of "applications" that would have startled the Constitution's original ratifiers
. If originalism is an anchor against judicial activism, as Wurman maintains throughout his book, it might prove to be an anchor with a very long chain.
In their view, what matters is the standard understanding among the Constitution's ratifiers
, not what the authors "intended." After all, the ratifiers
("We the People"), and not the authors, turned the Constitution into law.
But that does not mean that the framers, signers and ratifiers
of that document didn't intend this concept to be an important pillar of our governing institutions.
The intentions of the framers, insofar as they might differ from those of the ratifiers
, should therefore count for little or nothing, except insofar as the ratifiers
were aware of the framers' intentions and made them their own.
(132) The problems critics pointed out with original intent were primarily evidentiary rather than epistemological: "when there are multiple authors of a text that must function across decades and centuries, it is not clear that there is such a thing as the intention of the framers that could guide the application of text to future cases." (133) Furthermore, in many cases evidence suggested that the framers and ratifiers
(134) intended future generations be unconstrained by any particular vision they held of how the provision should be used.
According to Cali, one of the key findings of the research is that GCC states are 'selective ratifiers
Moreover, the participants in the process of drafting and ratification would have known that the Constitution would require interpretation by officials who knew even less about the communicative intentions of the drafters and ratifiers
than did the framers and ratifiers
While he pays respectful attention to contemporary figures (including Supreme Court justices) hostile to incorporation of the Establishment Clause, which they rightly say is not founded in the understanding of the Fourteenth Amendment's ratifiers
, Garry says it would be undesirable to backtrack on this line of cases to the point of returning control over such questions to the states.
As I have seen, certain tensions in the law require that judges exercise great care to ensure that such rights are interpreted consistently with the common understanding of the ratifiers
, the people.
Eight of the 28 ratifiers
did so in the last three years.
The UN-sponsored convention took 12 years to be effective in 2002 after obtaining the minimum number of 10 ratifiers
This imbalance is highlighted by John Rosenthal, the American commentator: "Seven of the ratifiers
[of the Rome Statute] taken together-- San Marino, Nauru, Andorra, Liechtenstein, Dominica, Antigua and Barbuda, and the Marshall Islands - have a population of roughly 347,000, which is less than the population of New York's smallest borough of Staten Island.
Under RA 10022, deployment of Filipino workers should be stopped in countries that don't have legal protection for migrant workers; that are not signatories or ratifiers
of multilateral conventions pertaining to the protection of workers; and that do not have a bilateral agreement with the Philippine government on the protection of the rights of Filipino workers.