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"Indeed, the rage of theorists to make constitutions a vehicle for the conveyance of their own crude, and visionary aphorisms of government, requires to be guarded against with the most unceasing vigilance."
     -- Joseph Story
     Commentaries on the Constitution of the United States
     Book III, § 1857.
 

Thursday, May 22, 2003

There's a discussion I've been watching for a while bouncing around the Blawgs, on the question, "Is there any such thing as the Rule of Law?" My impression is, it's on the rebound from the law schools, but since I merely dabble in law, entirely on my own, I would have no way of knowing for sure. Anyway, It's the sort of thing where the answer is so thoroughly and obviously in the affirmative that one immediately begins looking for sinister motives in those presuming to argue upon the other side. And indeed we find them: Their game plan is, if one can shoot down the idea of the Rule of Law, it leaves the field wide open for the conclusive victory of those who argue that the Supreme Court's power is, and ought to be, tyrannical, without control of any kind.

Which just goes to show that there is no point below which stupidity cannot sink, especially if one dresses it up in academic robes. Pay attention, idiots: If there is no such thing as the Rule of Law, then obviously the judiciary has no proper claim to being a co-equal branch of government, and the best that can be said about Article III is, it was a horrible mistake that ought not be compounded. If you somehow manage to carry your argument, you'll discover there's no prize left. Fools.

-- posted by Clayton 5/22/2003 08:58:00 PM


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