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Constitutional Government is so Passe

So thinks Lino A. Graglia of University of Texas School of Law.  Kurt takes him to task.  Apparently no one has ever told him the parable about Democracy being two wolves and a sheep deciding on what’s for dinner.  The courts have a role to play in our constitutional system, and I’m continually frustrated by conservative legal theorists who wish the courts would surrender large swaths of their judicial power to the elected branches of government.  The courts have to take up the responsibility of deciding what the law is, especially when it comes to the Supreme Law of the Land.  They should be judicious in that responsibility, but they can’t abrogate it, and expect our system to function the way it was intended to.

2 Responses to “Constitutional Government is so Passe”

  1. teqjack says:

    I pretty much stopped reading Graglia as soon as I saw the idiocy that the 5-4 split was about whether there is an individual right: for the Xth time, all nine agreed that it is an individual right and that the Constitution so states.

    Uh, elsewhere I noticed that they are finally allowing one of DC`s FFL holders to act, and he has agreed to do so (if expensively – he really does not want to, his business is with agencies and others who buy in bulk, so a high fee may hold down applicants). Still nothing with a clip/magaine (yeah, I know there is a difference to purists, but how many o us are likely to even come across, let be buy a “broom handle” Mauser?) allowed, though. How abut a .50 muzzle-loaded matchlock?

  2. >I’m continually frustrated by conservative legal theorists who wish the courts
    >would surrender large swaths of their judicial power to the elected branches of
    >government

    When the GOP got the majority in both houses during the Clinton years, they got into a big populism kick, trying to convince the unwashed masses how great they are and that they have a right to demand any full thing that comes into their head just because there’s more of them.

    Now that they’ve lost control of congress, it’s hard to reign in the mob they’ve spent years build and tell them that maybe just because something is popular doesn’t make it right and that there needs to be some sort of limit on getting what they want.

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