Legislating from the bench is bad, people. Just FYI. Also, have a gander at this quotation: “In Cooper v. Aaron (1957) the [Supreme] Court declared that the Constitution means what it, the Court, says it means and that ‘all other public officials and branches of government, national and state, shall respect this Court’s statements of what the Constitutions means, no matter what other interpretation may seem to them to be clearly implied by the words of that document.'”
The following essay was written by George W. Carey and is now published here with permission from the Intercollegiate Studies Institute:
The most notable change in the American Republic over the last forty years has been the alarmingly precipitous decline in the degree to which the people are allowed to make decisions over public matters and concerns that directly affect their daily lives and the character of communities in which they live. My concern in this respect is only symptomatic of a profounder and more general problem; namely, the Philadelphia Constitution—often referred to during its bicentennial as the “oldest living constitution”—is now close to death.[1] To be sure, the institutions it created are still there, and we still do what is necessary (e.g., voting, paying our taxes) to support their operation. But the character of the regime it established has been so thoroughly transformed that the Constitution is increasingly irrelevant…
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