Wednesday, January 11, 2006

Fatuous Center-Right Unthink

Glancing at transcripts of the Alito hearings, I'm struck by the stupidity of the "living constitution" advocates-among them, regrettably, a Republican chairman.

To them, the ratified language of the Constitution is clearly inadequate, and must bend to the times through vague penumbras and emanations of public opinion as insubstantial as Nixon's "silent majority", coalescing into a "living Constitution" relevant to modern America.

And once that develops, it becomes fixed rock-hard into "super precedent" so rigid that the Court can't undo it without destroying its own "legitimacy".

And thus to a whole class of political hack, Roe v. Wade becomes more definite than the First Amendment ban on Congressional regulation of political speech.

Nuts.

Perhaps it is due to my youth and inexperience...but this seems more about a bunch of old farts seeking immortality for their pet issues, than logical understanding of the Constitution and judiciary.

Sorry fellas: anything 5 justices improvise is just written on glass with a felt-tip marker. You understand that, deep down, which is why nominations are more disputed than in previous decades.

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