Saturday, March 12, 2016

Benefits of a Living Constitution

  1. The Federal Government via the Supreme Court can address the problem of the day.
  2. The Federal Government can adapt the Constitution to modern technology.
  3. Barack Obama will need to wait about 15 years until he is dry behind the ears and old enough to run for President.
"The Warren Court" was an example of #1. 

The Warren Court refers to the Supreme Court of the United States during the period when Earl Warren served as Chief Justice from 1953 to 1969.  Warren replaced the deceased Fred M. Vinson and was replaced by Warren Burger.
Warren led a liberal majority that used judicial power in dramatic fashion, to the consternation of conservative opponents. The Warren Court expanded civil rights, civil liberties, judicial power, and the federal power in dramatic ways.
The court was both applauded and criticized for bringing an end to racial segreation in the United States, incorporating the Bill of Rights (i.e. including it in the 14th Amendment Due Process clause), and ending officially sanctioned voluntary prayer in public schools. The period is recognized as a high point in judicial power that has receded ever since, but with a substantial continuing impact.
Prominent members of the Court during the Warren era besides the Chief Justice included Justices William J. Brennan, Jr., William O. Douglas, Hugo Black, Felix Frankfurter, and John Marshall Harlan II.

The Federal Government support for the internet may be an example of #2.

The internet can be considered the email equivalent of "snail mail's" post roads  (Article I, Section 8).

No comments:

Post a Comment