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To: tpaine
[.. The framers of the constitution were fully sensible of the dangers from this source, marked out in the history of other ages and countries; and not wholly unknown to our own. ..]

The framers never considered that the Supremes would/could generate a climate where whatever THEY said was law.. Currently whatever 5 of the Supremes say is law, is the law.. A Coup D'ambulance chaser.. or Coup D'Shyster...

387 posted on 06/25/2007 6:45:02 PM PDT by hosepipe (CAUTION: This propaganda is laced with hyperbole....)
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To: hosepipe
Justice Story:
".. The framers of the constitution were fully sensible of the dangers from this source, marked out in the history of other ages and countries; and not wholly unknown to our own. .."

The framers never considered that the Supremes would/could generate a climate where whatever THEY said was law..

Most rational people realize that USSC decisions are NOT the law. - Congress, States, and ultimately the people decide what the law is, [ as per the 18th Amendment] not the Court.

Our authors premise is flawed. Our Repubilc is not in danger from "Evolutionary Humanism", imho. I see the bigger danger much as Arthur Koestler:

"- The continuous disasters of man's history are mainly due to his excessive capacity and urge to become identified with a tribe, nation, church or cause, and to espouse its credo uncritically and enthusiastically, even if its tenets are contrary to reason, devoid of self-interest and detrimental to the claims of self-preservation.
The historical record confronts us with the paradox that the tragedy of man originates not in an excess of individual self-assertiveness," - but in a malfunction of the affiliative, group tendencies of our species; - "an excess capacity for fanatical devotion. --"

Currently whatever 5 of the Supremes say is law, is the law.. A Coup D'ambulance chaser.. or Coup D'Shyster...

The real shysters, in my view, are those among us who insist that majority opinion rules, that it [or Courts] can trump the Constitution.

391 posted on 06/25/2007 7:34:17 PM PDT by tpaine (" My most important function on the Supreme Court is to tell the majority to take a walk." -Scalia)
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