The idea that the U.S. Constitution is neutral about majority rule and separation of powers is a canard. The idea that the 5th and 14th Amendments could change the meaning and intent of the basic document is also absurd. The difficult questions that the Supreme Court decides are difficult constitutional questions, but our republican means for making our laws remains unchanged. The difficult questions that the Supreme Court decides are difficult constitutional questions, but our political process and methods for determining the choices of the majority remains unchanged.
Determining our laws and determining majority choice are easy to figure out because the textual and contextual constitutional sources, that the justices can turn to, are quite conclusive. A focus on text alone, for example, will often settle an issue because our constitutional language is usually clear and unambiguous. And because the sources are often conclusive, answering the difficult questions requires little judgment – an understanding of the context in which a provision was enacted, and an evaluation of how the provision operates in today’s world.
You must be logged in to post a comment.
AN INDPENDENT MODERATE INDIVIDUAL | COPYRIGHT © AIMI
