a disaster on every level. |
A society deadened by a smothering network of laws while finding release in moral chaos is not likely to be either happy or stable. |
Americans revere both the Constitution and an independent Court that applies the document's provisions. The Court has done many excellent things in our history, and few people are willing to see its power broken. The difficulty with all proposals to respond to the Court when it behaves unconstitutionally is that they would create a power to destroy the Court's essential work as well. |
An egalitarian educational system is necessarily opposed to meritocracy and reward for achievement. It is inevitably opposed to procedures that might reveal differing levels of achievement. |
be indifferent, if not actively hostile, to conservative values. |
Being 'at the mercy of legislative majorities' is merely another way of describing the basic American plan: representative democracy. |
confirm a nominee with no visible judicial philosophy who lacks the basic skills of persuasive argument and clear writing. |
Consumers will benefit from multiple sources of innovation, |
How did Taney know that slave ownership was a constitutional right? Such a right is nowhere to be found in the Constitution. He knew it because he was passionately convinced that it must be a constitutional right. |
I don't know if [the Democrats] can pull a filibuster on a Supreme Court nominee. That would be very unpopular, I think, with the American people. I think they would be in trouble. |
I don't think the Constitution is studied almost anywhere, including law schools. In law schools, what they study is what the court said about the Constitution. They study the opinions. They don't study the Constitution itself. |
If you know anything about bar association politics, it is not constitutional scholars who become president of the bar association. She has very little, if any, acquaintanceship with constitutional law, and it's a very hard thing to get a hold of if you go into the court and start wrestling with it. In fact, you're likely to get it very wrong. |
It's a little late to develop a constitutional philosophy or begin to work it out when you're on the court already, |
Modernity, the child of the Enlightenment, failed when it became apparent that the good society cannot be achieved by unaided reason. |
move the court slightly to the left. |