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Monday, July 04, 2005Speaking of what our Republic's for, etc, here's Cicero on the courts, original intent and more.Bottom line: none of the factions in the debates on the roll of the courts really want a truly originalist interpretation. First, nobody involved wants to risk having their own hobbyhorses subject to the same Constitutional scrutiny as the frivolous nonsense their opponents advocate. Second, none of them want those hobbyhorses taken out of the Constitutional debate where the public, not elitist members of the Washington culture, had a say. Third, and most important, none of them want to put the courts themselves in their proper place, which would require that the partisans either work together or have their inability to work together broadcast loud and clear. Left and right alike rely on the courts to provide them hot button issues with which they can rally their bases without actually having to make real decisions about what to do and what tradeoffs to make to create a compromise by which to govern. Those on the right and left have different cases which give them great offense. But the honest hack in Washington would have to agree that among the Court's nastier knocks was actually their failure to strike down Campaign Finance Reform, forcing the parties and the country to live with what was supposed to be pious posturing, not actual policy. Roe, by contrast, is an enormous success, enabling conservatives to run against abortion mills and liberals to run against back alley abortions while the right ignores the darker challenges of unwanted children and the left stays mum on the genocide of inner-city Blacks, a genocide orchestrated not by right wing Kluxers but by a subculture whose men don't want to pay for their children. 
posted by gbarto at 11:01 PM |
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