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To: Elmer who wrote (101039)	3/17/2000 10:11:00 PM
From: nihil	Respond to of 186894

OT -- <constitutional debate> The debate that must be won is in the mind of the judge. 120 years ago, the Supreme Court said the United States was a Christian nation. It didn't matter that Amendment I said "Congress shall make no law ... " the Supreme Court made it's own law. During World War II the Supreme Court said it was okay to lock up the Japanese internees. The judges are far too old to be affected in their deepest beliefs by the current debate. It is much easier to change the judges than to change their opinions once they are on the bench. Reason, logic, history, facts have no effect. Only death can change their baleful influence, with a president who is committed to changing their attitudes. Roosevelt in his court packing plan was initially unsuccessful, but his opponents on the bench chickened out and Roosevelt appointed Black, Douglas, Murphy who changed the whole direction of our jurisprudence when finally Eisenhower made his great mistake and appointed Warren (who was a truly incompetent lawyer) and Brennan to court. It was not scholarship or debate that created the civil and human rights revolution on the bench but the personal views of morality and law that the Warren Court held. Warren's ability to twist arms and gain unanimity (especially on Brown v. Board of Education) changed the very nature of this country.