Small government conservatives and libertarian-leaning constitutionalists comforted ourselves with the Trump Administration by rationalizing that we will get a good Supreme Court. Cleaning the swamp would be nice. But at least we will get a better Supreme Court than from a President Hillary Clinton or Joe Biden, a Supreme Court that enforces the laws as written, leaves to the elected representatives the right to make the laws democratically, and fairly enforces those laws once written.
So much for that idea.
The need for respect for the written laws — and for the people’s’ representatives who write them — has been manifest over the last few decades. Too often, the federal courts have ignored the law as written by the people’s’ representatives, or by the people themselves through direct democracy.
This abject failure of the judiciary to follow the law is dressed in appealing language as the “Living Constitution” theory. According to the theory’s most outspoken champion, late Supreme Court Justice William Brennan, the words written into the statutory law — or enshrined in the Constitution — must change their meaning depending upon the… Read More