Friday, June 13, 2008

Constitutional aside

Hat tip to Southern Appeal


  1. When principle is made subject to political power, then tyranny results. The infirmity of constitutional government is symptomatic where the will of the people is clearly expressed, yet is made subjected to judicial whim and personal political preferences are the basis of law. Like abortion and the law, the logic of homosexual marriage is no logic at all and leads to strange twists and turns and legal nonsense. Where right order and principle rule, all men are subject; but without it, the only principle is the degree of power men are willing to use, and when the influential comprehend no legal limits, then tyranny and terror are the result.

  2. "stare decisis" is a doctrine of precedent, which simply means to stand on the prior position that was taken by a court. In other words, when a modern court believes in the principle of a living and moveable document, they safely use precedent when it fits a prior activist judge, and when it might force a judge to stay with an undesired result, precedent is no barrier. Thank God for judges that stay with the law as written in the constitution.