Last Thursday, David H. Souter died at his home in New Hampshire. The former Supreme Court Justice is likely to be remembered, at least by Republicans, as a Republican in name only, because he voted so often with the “liberal” justices.

From what I’ve read and heard, Justice Suitor had only two passions in life – the law and the outdoors of his home state of New Hampshire.

What few of those Republicans who felt “betrayed” by Suitor’s Supreme Court votes and opinions understood, or wanted to, was that for Souter, the law and the Constitution were sacred. He had few illusions that the Constitution was perfect, but he said, if not in so many words, that laws should be interpreted in the spirit of the Constitution. He also understood that, as I’ve written before:

Never mistake law for justice. Justice is an ideal, and law is a tool.

Justice Souter also understood that the way that tool was used – or misused – made all the difference for society.

There are two fundamental approaches to making or applying laws. One is along the lines that Trump is currently pursuing, which is to make and apply laws and regulations to obtain a predetermined goal, regardless of the Constitution and/or other existing law and precedents, while disregarding the harmful direct and indirect consequences of such a course.

The other approach, the one seemingly followed by Justice Souter, as best I can determine, is to interpret and decide laws based on both the text and the spirit of the Constitution. This approach used to be more common, particularly among moderate Republicans, and even some rather conservative Republicans.

Justice Souter, and his example, will be missed, not that most current Republican officeholders will ever understand why.