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Politics : The Supreme Court, All Right or All Wrong?

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From: TimF3/13/2012 1:24:59 PM
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Doc Rampage says:
When progressives talk about conservative “veneration” of the Constitution, they tend to misunderstand what is, in my view, the conservative position. The conservative position is not that the Constitution is perfect or that it deserves special respect like a holy relic or something. Most conservatives have things in the constitution that they would like to change. Rather, the claim is that the Constitution is the law that constrains the greedy and power-seeking of federal officials and that it therefore needs to be enforced like any other law –according to what it means.

Letting the Constitution be re-interpreted by the very government that it is intended to constrain is like letting criminal gangs take over the courts to re-interpret criminal law any way that they want. It is a position that is preposterous on its face –nothing less than a rejection of law and a call instead for a despotism of those who have the power to do the re-interpreting. The only reason that anyone would advocate such an outrageous position is that they are confident that those who have the power to do the reinterpreting are on their side.

volokh.com

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