Our Newest Op Ed

Some Judges Do Make Constitutional Law – But It’s NOT Their Job
– By John T. Plecnik

The national debate on Supreme Court nominations is dominated by a larger debate over the most controversial social issues of our time. More specifically, the debate is dominated by a disagreement as to who has the final word on these issues. Who should decide whether abortion or gay marriage is legal in the United States? Congress or the courts?

Generally speaking, strict constructionists say that congress or a state legislature should decide. The judicial philosophy of strict constructionism advocates for judicial restraint. Judges should strictly construe and apply the law as it stands. And the Constitution says nothing about gay marriage.

However, the average legal Darwinist would give the courts the authority to decide. Legal Darwinism stands for the proposition that our Constitution evolves through the judiciary’s interpretation of an ever-changing public sense of justice… ………
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