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- From: karn@servo.qualcomm.com (Phil Karn)
- Newsgroups: sci.crypt
- Subject: Re: Finally! We're getting somewhere.
- Message-ID: <1992Nov16.041317.2307@qualcomm.com>
- Date: 16 Nov 92 04:13:17 GMT
- Article-I.D.: qualcomm.1992Nov16.041317.2307
- References: <1992Nov9.221453.9440@qualcomm.com> <BxqFx6.Iz@constant.demon.co.uk>
- Sender: news@qualcomm.com
- Organization: Qualcomm, Inc
- Lines: 35
- Nntp-Posting-Host: servo.qualcomm.com
-
- In article <BxqFx6.Iz@constant.demon.co.uk> slangley@constant.demon.co.uk (Simon Langley) writes:
- >What you are describing is Constitutional inertia. This is a good thing
- >if you have a good Constitution, and I believe that your Constitution is
- >largely something to be proud of. However, if a decision were made
- >that reduced civil rights (eg if Roe v. Wade were overturned) it would be
- >difficult to change it back, even if a majority of the population thought
- >that it was wrong.
- It would depend entirely on what the opinion said. In the Anglo-American
- system, judges cannot conduct inquisitions; they can only preside over cases
- that are brought to them. And by the time the US Supreme Court sees a
- case, the issue is usually whether a certain law should be struck down as
- unconstitutional. In the case of abortion, the issue has been whether
- the states have the right to restrict the right to an abortion, not
- whether the states can make abortions legal. If the former question is
- answered "yes", then those states that decide not to enact laws against
- abortion do not have to do so. But if the court goes much further and says
- that the latter statement is true, then the only thing that could overrule
- them would be an amendment to the Constitution, which I agree is a slow
- and painful process (by design).
-
- In other words, the fine print of a Supreme Court decision can be very
- important.
-
- Phil
- >: As former Justice Brennan used to say, "The majority already have the
- >: other two branches of government. We're here for the minority."
- >:
- >What does Justice Rehnquist have to say on this subject :-).
-
- Probably "Let's just rubberstamp the government's cases here and go
- home early. After all, the government reflects the will of the
- majority, and most of the people who are accused of crimes are guilty
- anyway."
-
- Phil
-