A very nice piece written about retired Supreme Court Justice David H. Souter. He gave a long disquisition on Constitutional interpretation. It doesn’t quote him nearly enough:
A choice may have to be made, not because language is vague, but because the Constitution embodies the desire of the American people, like most people, to have things both ways. We want order and security, and we want liberty. And we want not only liberty but equality as well. These paired desires of ours can clash, and when they do a court is forced to choose between them, between one constitutional good and another one. The court has to decide which of our approved desires has the better claim, right here, right now, and a court has to do more than read fairly when it makes this kind of choice.
Do yourself a favor and read The New York Times Article, or go straight to the text of the speech itself.
At my school, Constitutional Law is split into two three-credit classes. I’m taking the first one now, and the second one in the spring. I was terribly excited about the idea of getting to take Constitutional Law, because I’m kind of a big fan of the Constitution. I even read the Federalist Papers over my summer vacation in preparation for this class.
I mean, come on: it’s the United States Constitution! Forged in the blood of American patriots, tempered by a Civil War (sorry guys, but you started it), and majestically stuffed down the Soviets’ throats until they choked on it and stopped building nuclear missiles! This class is going to teach me how to recognize and fight (for the low low price of $300 per hour) oppression and disenfranchisement like Don Quixote, Esq., right?
Well, not yet.
As it turns out, in addition to the super romantic parts of the United States Constitution, there are some really really boring parts. For instance, you have to learn if Supreme Court even has the power to review the Constitutionality of laws. (Spoiler alert: yes, they do!)
The Supreme Court, by way of Justice Scalia, says the Second Amendment protects an individual’s right to own a gun to some extent. What extent? That’s a damn good question. And there’s only one way to find out: more lawsuits! There’s apparently [...]