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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.
 

Tuesday, June 24, 2003

Eugene Volokh and Instapundit both comment on a really idiotic rallying cry from Dick Gephardt:

When I'm president, we'll do executive orders to overcome any wrong thing the Supreme Court does tomorrow or any other day.
Granted, Gephardt is a waste of space. But is there anything really surprising about the sentiment? Do Reynolds and Volokh have any call to be shocked, shocked? We have a tradition of such things going back to Andrew Jackson, and from there all the way up to when Clinton shitcanned the Supreme Court's Beck decision because it interfered with union electioneering on the Democrats' behalf. The only departure Gephardt has made is that he has proclaimed as a matter of principle (for lack of a better word) what others were content to have happen under the table. And, let's face it, sooner or later the Supreme Court, in one of its legislative fancies, is going to screw up badly, pissing on just the wrong group, whereupon Congress, the President, and the States will join in publicly rejecting and nullifying its decision. The Court has been dancing in minefields for decades, now; only the closeness of the divisions in the Senate and House has kept the things from exploding.

UPDATE: Andrew Sullivan has this to say:

Does Gephardt understand even the basics of constitutional law?
-- to which the rejoinder is, does Sullivan understand even the basics of U.S. history?

-- posted by Clayton 6/24/2003 12:50:00 AM


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