Click here to advertise on CatholicCulture.org

strict constructionism, liberal style

By Diogenes (articles ) | Jul 11, 2005

The Washington Post, offering its ever-so-friendly editorial advice about appointments to the US Supreme Court, informs President Bush that "a nominee who strongly believes in the stability of precedent-- the legal principle of stare decisis-- is far more likely to garner broad support than a nominee who generally regards past decisions as ripe for overturning."

But while they must support prior Supreme Court rulings (read: Roe v. Wade), qualified Supreme Court nominees need not worry too much about the text of the Constitution:

Moreover, insisting on constitutional rulings supported by the document's text, history and structure need not mean insisting on cramped or anachronistic treatment of law that was written in general terms to remain relevant to a changing society.

Do you see the elegant beauty of the liberal position? The meaning of the Constitution can be stretched, bent, supplemented, or ignored by jurists seeking change. But once the Supreme Court has discerned, discovered, or invented a new meaning in the Constitution, the Court's ruling must be upheld.

Thus the Court, not the Constitution, is the real ultimate law of the land. Now you know why liberals will fight to the finish to maintain control of the Supreme Court-- and why a "compromise" candidate, who signals his willingness to accept established precedents (read: Roe v. Wade), would be a catastrophic loss for anyone interested in preserving American constitutional rule.

An appeal from our founder, Dr. Jeffrey Mirus:

Dear reader: If you found the information on this page helpful in your pursuit of a better Catholic life, please support our work with a donation. Your donation will help us reach seven million Truth-seeking readers worldwide this year. Thank you!

Progress toward our August expenses ($22,618 to go):
$35,000.00 $12,382.44
65% 35%
Sound Off! CatholicCulture.org supporters weigh in.

All comments are moderated. To lighten our editing burden, only current donors are allowed to Sound Off. If you are a donor, log in to see the comment form; otherwise please support our work, and Sound Off!

Show 2 Comments? (Hidden)Hide Comments
  • Posted by: Gil125 - Jul. 11, 2005 7:11 PM ET USA

    Patriot, hope for a female of color: Justice Janice Rogers Brown, late of the California Supreme Court, lately confirmed to the Federal Circuit, might be the best supreme court justice you and I could hope for. She is only slightly right of Scalia and Thomas but perceptibly so.

  • Posted by: patriot6908 - Jul. 11, 2005 12:00 PM ET USA

    I do not have my hopes high for another Bork, Thomas or Scalia. I have a feeling that we'll get the required female (perhaps of "color') who will have fine credentials in every respect except the one that counts. Even the the Party of Asses will start braying along with their echoes in the media over the potential return of those dark days before we started taking our legal cues from the polite but insidious socialists in Europe.

Subscribe for free
Click here to advertise on CatholicCulture.org

Recent Catholic Commentary

As Catholic News Unfolds... 13 hours ago
An Iraqi archbishop's warning to the West 13 hours ago
The cause for beatification of Archbishop Romero: BBC botched the story 19 hours ago
Church Fathers: The Didache and the Epistle of Barnabas August 19
It is time to revoke the Catholic status of the LCWR August 18

Top Catholic News

Most Important Stories of the Last 30 Days
‘A real via crucis’: Pope Francis, patriarch plead on behalf of Iraq’s Christians CWN - August 8
Hundreds of thousands of Iraqi Christians in flight as Islamic State advances CWN - August 8