The Dissent's Final Paragraph
Read it and weep:
The Constitution, though it dates from the founding of the Republic, has powerful meaning and vital relevance to our own times. The constitutional protections that this case involves are protections of structure. Structural protections—notably, the restraints imposed by federalism and separation of powers—are less romantic and have less obvious a connection to personal freedom than the provisions of the Bill of Rights or the Civil War Amendments. Hence they tend to be undervalued or even forgotten by our citizens. It should be the responsibility of the Court to teach otherwise, to remind our people that the Framers considered structural protections of freedom the most important ones, for which reason they alone were embodied in the original Constitution and not left to later amendment. The fragmentation of power produced by the structure of our Government is central to liberty, and when we destroy it, we place liberty at peril. Today’s decision should have vindicated, should have
taught, this truth; instead, our judgment today has disregarded it.
- Comment (9)
- · Quote
- · UnfollowFollow (4)
Comments:
Jun '10
Re: The Dissent's Final Paragraph
Regarding four justices not pictured above:
Rotten presidents always nominate rotten justices, and sometimes even good presidents nominate rotten justices. Why does nobody ever nominate a good justice by mistake? It never seems to happen in that direction.
Edited on June 28, 2012 at 7:27pmSep '10
Re: The Dissent's Final Paragraph
Be of good cheer. This too shall pass.
With any luck, it will pass with the next election.
Jan '11
Re: The Dissent's Final Paragraph
When the revolution comes -- and it some point in the late future it will -- perhaps the constitution the emerges will have something that resembles the 10th amendment. And perhaps the framers of this hypothetical document might want to include the words "and we mean it!" Or, better yet, something like what Charles Jefferson [played by Forest Whitaker] says to Mike Damone in Fast Times at Ridgemont High as Damone compliments Jefferson's car.
Jul '10
Re: The Dissent's Final Paragraph
Ironically, I received an email from the Montpelier Foundation today noting that James Madison, Father of the Constitution, died on this date in 1836.
May '10
Re: The Dissent's Final Paragraph
Roberts betrayed Liberty. He sided with tyranny. There is no other way to look at it.
May '10
Re: The Dissent's Final Paragraph
double post
Edited on June 28, 2012 at 10:01pmOct '11
Re: The Dissent's Final Paragraph
Ironic, indeed.
Mar '11
Re: The Dissent's Final Paragraph
There will be no revolution. The minute Americans lose their cable TV, Facebook access, and Quarter Pounders with cheese, they'll fold like a house of cards at the feet of the federal government. Liberals know this. They're counting on it. We are unworthy of the men that fired on the British at Lexington and Concord. Ultimately, they fought for nothing. The country they founded has become more intrusive and omnipresent than the reign of George III ever was. I wonder if they could have seen into the future if they would have even bothered. Yes, it's that bad.
Apr '11
Re: The Dissent's Final Paragraph
This is the type of elocution that sticks in my craw. The courts have completely eliminated structural due process for criminal defendants (which could be any one of us in case you haven't been paying attention) and no conservative pundit makes a peep. Oh! But how we wring our hands and rend our clothes when the left erodes the ballasts of what we subjectively believe are the real structural freedoms in the Constitution. Stop it already.