“Common sense as a school of thought”
Heresy of the highest order!
Just ask Arlen ‘Super-Duper Precedent’ Specter.
Steven Calabresi: “There is no good reason, however, to think that the rule of law requires us to follow newly-minted Supreme Court precedent but not the Constitution. To the contrary, it is crystal clear that there will be many times when the exact opposite is the case.”
How many examples will the Left accept as proving the point? Zero.
Steven Calabresi: “Accordingly, the Supreme Court must have the duty and power to overrule its own unconstitutional precedents, just as it has the duty and power to disregard unconstitutional statutes and treaties. This authority is well established and indeed has been recognized since the earliest days of the republic.”
Don’t tell THAT to the agenda-driven Justices like Ginsberg who believe that the United States could benefit from the touchy-feely socialist legal systems found all over “Old Europe” these days. Societies I might add that have failed miserably in many ways - especially in the realm of “common sense”.
Whether One ...
Labels the Scalias and Thomases of The Court “originalists” (Scalia’s preferred apellation) or “strict constructionist”, the fact remains that it is THEY who hold the Constitution in high regard and recognize that The Founders were driven by “common sense” too.
That’s good enough for me.
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