Thursday, May 02, 2024 Text is available under the CC BY-SA 3.0 licence.

Dave Barry

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We need our highest judicial body to stop this childish bickering and get back to debating the kinds of weighty constitutional issues that have absorbed the court in recent years, such as whether a city can legally force an exotic dancer to cover her entire nipple, or just the part that pokes out.
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Dave Barry Is Not Making This Up

 
Dave Barry

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These decisions give support to a current mistaken view of the Constitution and the constitutional function of this court. This view, in short, is that every major social ill in this country can find its cure in some constitutional principle and that this court should take the lead in promoting reform when other branches of government fail to act. The Constitution is not a panacea for every blot upon the public welfare nor should this court, ordained as a judicial body, be thought of as a general haven of reform movements.

 
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Of course, such judicial misconstruction theoretically can be cured by constitutional amendment. But the period of gestation of a constitutional amendment, or of any law reform, is reckoned in decades usually; in years, at least. And, after all, as the Court itself asserted in overruling the minimum-wage cases, it may not be the Constitution that was at fault.

 
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For over a century it has been the settled doctrine of the Supreme Court that the principle of stare decisis has only limited application in constitutional cases. It might be thought that if any law is to be stabilized by a court decision it logically should be the most fundamental of all law -- that of the Constitution. But the years brought about a doctrine that such decisions must be tentative and subject to judicial cancellation if experience fails to verify them. The result is that constitutional precedents are accepted only at their current valuation and have a mortality rate almost as high as their authors.

 
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We've been waiting 30 years to end the lunacy of nine demigods on the Supreme Court deciding every burning social issue of the day for us, loyal subjects in a judicial theocracy. We don't want someone who will decide those issues for us — but decide them "our" way. If we did, a White House bureaucrat with good horse sense might be just the ticket.

 
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The Constitution contains no right to abortion. It is not to be found in the longstanding traditions of our society, nor can it be logically deduced from the text of the Constitution - not, that is, without volunteering a judicial answer to the nonjusticiable question of when human life begins. Leaving this matter to the political process is not only legally correct, it is pragmatically so. That alone - and not lawyerly dissection of federal judicial precedents - can produce compromises satisfying a sufficient mass of the electorate that this deeply felt issue will cease distorting the remainder of our democratic process. The Court should end its disruptive intrusion into this field as soon as possible.

 
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