Posner questions why American jurisprudence is relying on, or at least is supposed to be, the Constitution. You know, that pesky, outdated document that includes the First Amendment.
His argument seems to be, in part, that since the Supreme Court isn’t following the parameters set out in the Constitution, we should just ignore it altogether.
“I see absolutely no value to a judge of spending decades, years, months, weeks, day, hours, minutes, or seconds studying the Constitution, the history of its enactment, its amendments, and its implementation . . . Eighteenth-century guys, however smart, could not foresee the culture, technology, etc., of the 21st century. Which means that the original Constitution, the Bill of Rights, and the post–Civil War amendments . . . do not speak to today. . . . ”
Even an old coot like Senator Byrd knew better!
“ . . . let’s not let the dead bury the living.”
This concept seems to go beyond Al Gore’s argument that the Constitution is a living, breathing thing. Yikes!
Activists masquerading as legal scholars. Now wonder we see such nonsensical decisions such as Roe. v. Wade and the latest, Whole Woman’s Health v. Hellerstedt.
I really would like to know how this foolish man made it through the Senate. Who voted to confirm this nut? And why is he still on the bench?
Sadly, he was nominated by President Reagan. Posner is another one of those stealth wackos who make it into positions of power. There’s an ever-growing list of them: David Souter, Anthony Kennedy, Sandra Day O’Connor, Earl Warren.
Conservatives need to find a way to subvert these subversives.