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   The Supreme Court's Tortured Reasoning Brings New Meaning To 'Sausage-Making'

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News Date

6/17/2013 7:00 am

Author

Doug Bandow

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Perspective

Database Record

Entered 6/17/2013, Updated 6/17/2013

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"The Supreme Court is finishing up its latest term, releasing its most controversial decisions last. Americans venerate the Constitution. Politicians praise the nation’s founding document. But judges determine its meaning by interpreting its words. Unfortunately, the result of the judicial process vindicates Otto von Bismarck, the famous German “Iron Chancellor,” who said no one should see his sausages or his laws being made. Just read the many court opinions filled with tortured reasoning and bizarre arguments. Because of such misinterpretation the Constitution has become largely irrelevant to Washington. Everyone accepts the structural provisions—there are two houses of Congress, a Supreme Court, periodic elections, etc. Those provisions are too explicit to easily ignore. Moreover, everyone admits that the Bill of Rights sets some limits on government. After all, many of these restrictions are favored by the Left, which dominates American jurisprudence. However, the rest of the Constitution is treated like an antique wall decoration. As originally written and amended, the document created a national government with limited and enumerated powers. In contrast to state governments, the “federal” government did not have general “police power.” Washington’s authority was no more than what the Constitution decreed. Today, however, the federal government does whatever it wants, irrespective of the nation’s fundamental law. Only a handful of legislators—most notably retired Rep. Ron Paul (R-Texas)—recognized that they received their authority to act from the Constitution and that their power was limited. Even fewer presidential appointees worry about what the Constitution actually says."


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