by Kevin R. C. Gutzman
How is it that questions such as whether abortion is allowed and when, whether homosexuals may marry each other and where, what penalties may be imposed on convicted criminals and when, and who received Florida’s electoral votes in the election of 2000 have been and continue to be decided by federal judges? The short answer is that "constitutional law" – the body of judicial decisions implementing the Constitution – has been off the rails virtually from the beginning. Nationalists in control of the federal judiciary have consistently used their offices to further their personal political ends, all in the name of "interpreting" the Constitution.
The changes they have wrought since 1801, the year Jefferson was inaugurated, have gone far toward eliminating three basic features – republicanism, federalism, and limited government – from the federal system. Sure, there are elections at federal and state (including local) levels, and kids and immigrants still are taught, while soldiers and politicians still must swear, to uphold the Constitution.
No comments:
Post a Comment