Strengthening Constitutional Self-Government

No Left Turns

Judicial abstraction from the war on terror

David Marion suggests that judges (as well as executives and legislators) drink deeply from the well of Madisonian and Lincolnian wisdom before absolutizing rights and abstracting them from the historical and political contexts in which they’re exercised.

Discussions - 2 Comments

True, but largely beside the point.
It’s like watching paint dry. We don’t have that much time. Better to awaken the "vigilant and manly spirit" of the American people, stirring their anger and contempt against judicial tyrants so they will vote with a vengeance against the political force behind such tyranny: In a word, against the Democrats. Not very academic advice, perhaps, but it’s sound. I challenge anyone to refute it.

James Madison:

"I acknowledge, in the ordinary course of government, that the exposition of the laws and Constitution devolves upon the judicial; but I beg to know upon what principle it can he contended that any one [branch] draws from the Constitution greater powers than another, in marking out the limits of the powers of the several [branches]."

"In a government whose vital principle is responsibility, it never will be allowed that the Legislative and Executive Departments should be compleatly subjected to the Judiciary, in which that characteristic feature is so faintly seen."

If courts manage to get Americans killed with their meddling, will they stand up and take responsibility for those deaths? Of course not. They have never acknowledged how many Americans they sentenced to to be raped, robbed and murdered via Miranda and other rulings either.

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