QUOTE
MIB
If you want the Constitution to say something one year and something different the next, without its words changing, then the whole document itself is meaningless and worthless and ought to be trashed. Why even have one then?
Amend it. Period. [/QB]
Pre 1954: Separate but equal (segregation ok!)If you want the Constitution to say something one year and something different the next, without its words changing, then the whole document itself is meaningless and worthless and ought to be trashed. Why even have one then?
Amend it. Period. [/QB]
Post 1954: Separate "inherently" unequal (segregation bad!)
The words of the 14th Amendment did not change between Plessy v. Ferguson and Brown v. Board, but the interpretation certainly did after Brown.
Silly me for thinking I could get a straight answer here to my earlier point.
There is always the risk in a democratic society that the public will do crazy capricious things that may unfairly harm/target a certain segment of the population. No doubt the "founding fathers" knew this--thus providing for Article III judges who are insulated from the whims of the public through life tenure and salary.
MIB, let's be intellectually honest here: if you are upset at the activism of the court, then you should at least admit that judicial activism was critical to the civil rights movement and the creation of a racially fair and equitable society; furthermore, a court that totally defers to the sentiments of the public might not have allowed any of these gains to be made.
By the way, what's with all of this MIB = judge nonsense? I haven't been a member of Outsports long enough to get the backstory there.