How about as a truce to permanently end judicial wars, we pass a constitutional amendment forbidding the judiciary from striking down a law on any basis other than the literal text of the constitution and/or relevant law taking precedence? Seriously, as long as it's an art contest to see who can draw a more imaginative implied or evolving right, judicial nominations will perpetually be as close to an all-out war as the rules of our political system will allow. If you want judges to stop being partisan hacks, take away their power to be kings.
Taking the text of the Constitution and every statute passed by Congress literally could lead to some very foolish conclusions.
http://mtweb.mtsu.edu/cewillis/Hermeneutics/Hand%20How%20Free%20is%20a%20Judge.pdf
The intent of the lawmakers is what should guide judges' decisions.
I agree with the rest of what you said, though.
Exactly. Why do we ever have Judges and Legislatures if one can just do what they want and another nothing?
