How Should the Supreme Court Interpret the Constitution?

With Justice David Souter recently announcing his plans to retire there has been a lot of talk about who President Obama will nominate to take his place. In this context I found it very interesting to see the results of a new Foxnews poll.

The poll was conducted with 900 registered voters over two days (May 12-13). Potential Foxnews bias aside, after digging through the data (I used to work in market research and for a polling company so I'm kind of a geek about this stuff), I stumbled across this interesting gem.

Q36. How do you think the Supreme Court should interpret the Constitution?

1- No matter what the outcome, the court should follow what the Framers meant when they wrote the Constitution.

2- If necessary, the court should ignore what the Framers meant to reach the outcome it feels is appropriate for today.

3-In between/Combination.

The results surprised me - at first.

Follow what Framers Meant

Republicans: 78%

Democrats: 44%

Independents: 61%

Reach Outcome Appropriate for Today

Republicans: 13%
Democrats: 37%
Independents: 27%

In between/Combination
Republicans: 5%
Democrats: 10%
Independents: 8%

(balances for totals made up of those who said "don't know" or "refused")

Really interesting insight into how conservatives and Liberals view and approach the Constitution. I guess really I shouldn't be surprised, I've just never seen it spelled out as clearly as these data suggest.

I think as conservatives this data is useful in helping us approaching the other side when it comes to the Constitution and conservative ideals. Conservatives believe the principles of the Constitution are timeless. Progressives may believe the principles are timeless but that the context in which those principles are applied is more subjective to the issues and current thinking of the day.

Let's not get into 'Constitution bashing', name calling, and questioning the other side's patriotism. Instead, I think being aware of where Progressives are coming from can help us design methods, strategies and even the language we use to help them understand why it is so important to honor the Framers original intent.