“...the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void; and that courts, as well as other departments, are bound by that instrument.” ― John Marshall Marbury v Madison (1803)
And while we're at it, I'm pretty sure that civil rights, and SCOTUS has ruled that RKBA is one, are not subject to the popular will.
Or would the Left stand idly by if any state voted to bring back the institution of slavery, or to deny women the right to vote?
The Constitution of the United States as amended is not a smorgasbord where one gets to pick and choose which parts they'll abide by and which one will not.
But may be we are past the point where worrying about that issue makes any sense. As another of the founders said:
"Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." -- John Adams
For as we have seen lately in the antics of the DOJ and the House of Representatives among others, moral people are getting few and far between inside the halls of power anywhere in the USA.
One major problem that I have observed over the years is that laws can be passed (and rights violated) much faster that courts can throw them out.
ReplyDelete“...the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void; and that courts, as well as other departments, are bound by that instrument.” ― John Marshall Marbury v Madison (1803)
ReplyDeleteAnd while we're at it, I'm pretty sure that civil rights, and SCOTUS has ruled that RKBA is one, are not subject to the popular will.
Or would the Left stand idly by if any state voted to bring back the institution of slavery, or to deny women the right to vote?
The Constitution of the United States as amended is not a smorgasbord where one gets to pick and choose which parts they'll abide by and which one will not.
But may be we are past the point where worrying about that issue makes any sense. As another of the founders said:
"Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." -- John Adams
For as we have seen lately in the antics of the DOJ and the House of Representatives among others, moral people are getting few and far between inside the halls of power anywhere in the USA.