Well, here’s a thought.

Former Supreme Court justice David Souter, during arguments for a certain case:

“How do we guard against making constitutional decisions which are simply going to be nullified by some clever device?”

Oh, I don’t know. How about stop making decisions like the one for Kelo v. New London? The Supreme Court may be the final arbiter for what’s constitutional and what isn’t, but that doesn’t necessarily make their decision a legitimate one. What if Heller had gone the other way and the Supreme Court had decided that gun bans met constitutional muster? We all know that would have been seen as completely illegitimate by a staggeringly large number of people. And what then? If the court had kept going down that road its legitimacy would have been called into question even more than it is now, and it would have been seen more as a safeguard for the ruling class than as a safeguard against unconstitutional laws. I am left to believe that David Souter sees no problem with that. He very well probably sees one as being the equal of the other.

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3 Responses to “Well, here’s a thought.”

  1. BobG Says:

    If their decision can be nullified by “some clever device”, then maybe they should consider that they made the wrong decision in the first place.

  2. Windy Wilson Says:

    How “Pre-1776” of Mr. Souter.
    King George likely has a fine sinecure waiting for him.
    He really does see himself and the Supreme Court as Lions under the Throne. How’d he get in, anyway?

  3. Nutritional Health Blog Says:

    Nutritional Health Blog…

    […]Well, here’s a thought. « Live from the Alamo City[…]…

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