Constitutional Infirmity

Professor Graglia* has a succinct piece on judicial activism in today's Wall Street Journal. I know I will be writing more about this later, particularly in terms of the dormant Commerce Clause and the Civil Rights Act. For now, I recommend that you quietly read Mr. Graglia's opinion and try to keep count of how many times you nod your head in agreement.

A teaser:

The essential irrelevance of the Constitution to contemporary constitutional law should be clear enough from the fact that the great majority of Supreme Court rulings of unconstitutionality involve state, not federal, law; and nearly all of them purport to be based on a single constitutional provision, the 14th Amendment--in fact, on only four words in one sentence of the Amendment, "due process" and "equal protection." The 14th Amendment has to a large extent become a second constitution, replacing the original.

*Make note of his forthcoming book, edited by Justice Dr. Robert Bork.