If the Constitution does not speak clearly, then it does not speak at all & democratic majority should decide it (court stands aside).
- hard to differentiate b/w when the it is silent & when it has been denied.
- Risks minimizing judiciary’s function to the point that constitutional guarantees themselves become marginally relevant
- Under the guise of judicial restraint, the court may realign & redistribute rights (i.e. Establishment clause’s meaning is indeterminate so voidism would just strike it out).
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