On Jun 25, 2012, at 4:35 PM, Joseph E. Olson wrote:
> So Constitutional rights follow a sine wave pattern. Up, down, up, down, up,
> down, forever in motion.
> Does the First Amendment do this? What about whatever amendment underlies
> Roe v. Wade? Or Brown v. Board?
>
> Can a document BE a "Constitution" that evolves and devolves as the public
> (or Media) stomach churns?
The very purpose of the Bill of Rights was to withdraw certain subjects from
the vicissitudes of political controversy, to place them beyond the reach of
majorities and officials and to establish them as legal principles to be
applied by the Courts. One's right to life, liberty, and property, to free
speech, a free press, freedom of worship and assembly, and other fundamental
rights, may not be submitted to vote; they depend on the outcome of no
elections."
--WV BOARD OF EDUCATION V. BARNETTE, 319 US 624 AT 638
Of course, much depends on whether this fellow is merely CHRONICLING "what
actually happened" (in which case he may not be far off the mark), or
JUSTIFYING it. Same goes for his conclusion that future courts will act in the
same way -- he's almost certainly right about that, too.
What it means to take rights seriously is that one will honor them even when
there is significant social cost in doing so.
--SANFORD LEVINSON
The pretense that any human right should be subject to popularity polls is
repugnant. The entire concept of a "right" is to provide protection for
unpopular stances or behaviors. Popular ones need no protection.
--
Escape the Rat Race for Peace, Quiet, and Miles of Desert Beauty
Take a Sanity Break at The Bunkhouse at Liberty Haven Ranch
http://libertyhaven.com
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