The Supreme Court constantly ignores the Constitution and makes up “constitutional law” by edict. The fact anybody puts any faith in this panel of politically connected lawyers in black dresses receiving federal paychecks to limit the power of the federal government strikes me as absurd on its face.
But conservatives constantly tell me the problem isn’t the Court. No, the problem lies in the fact that we just don’t have the right judges. Therefore, I must vote for Republican presidential candidates. The thinking goes that no matter how sketchy he or she may seem when it comes to any given policy, the Republican will at least nominate “good” Supreme Court justices.
Well, Seventh Circuit Court of Appeals Judge Richard A. Posner simultaneously reveals exactly how federal judges view the Constitution and blows this stupid “we need Republicans to get good people on the Court” silliness out of the water.
Here’s what Posner, a Ronald Reagan appointee, thinks of the document he swore an oath to defend and uphold.
And on another note about academia and practical law, 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 (across the centuries—well, just a little more than two centuries, and of course less for many of the amendments). Eighteenth-century guys, however smart, could not foresee the culture, technology, etc., of the 21st century. Which means that the original Constitution,…