Tuesday, May 24, 2005

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.

10 comments:

spd rdr said...

Boy oh boy. I can see that everyone is breathless in anticipation for my follow up on this issue.

Pile On® said...

I am breathless.

Repeal the 14th?

spd rdr said...

Shhhhhhh! I am currently developing your platform for the campaign ahead. Wouldn't want it to get out too early.

Pile On® said...

If you are going to be my Rove, it may be difficult to get you SC nomination through the senate.

spd rdr said...

Oh don't worry, P.O. WE'll just change the Rules.

KJ said...

Changing the rules? Wasn't that the point of the article?

spd rdr said...

Uh huh.
Power deplores a vacuum.

Jehane said...

You had me at I know I will be writing more about this later, particularly in terms of the dormant Commerce Clause and the Civil Rights Act... you know how that always turns me on....

[tapping her sandalled little foot impatiently... so, where's the follow-up, counselor??? :) ]

portia said...

I think he's ready to burst Cass, but he's waiting for one of us to beg. How 'bout I go first:
Give us a C, whaddya get? Commerce, Commerce; give us an O, whaddya get? Overloa... Oops. You're turn, Cass:)
Welcome back.

Jehane said...

Thank you.

I think you might have more leverage in the cajoling department than I, Portia, but what the heck. Everyone knows I have no pride left...

[Humbly trying to remember her best doe-eyed look]

If only there were someone around who could explain how the dormant Commerce Clause, the Civil Rights Act, and Judge Lino Graglia's brilliant piece in last weeks WSJ interact, I just know I'd be ever so grateful...

[batting eyelashes delicately]

Rats. I knew it wouldn't work. I think you'd better try Portia.