The Bill of Rights should be mourned, not celebrated. It is defunct. Intended as the bulwark of the right of decentralized self-government, it now serves mainly as an excuse for the opposite: a roving judicial veto of state policies that federal judges dislike.
So, if the people of virtually every state ban flag burning or regulate abortion, provide capital punishment or support prayer in school, that does not settle the matter. Unlike 200 or 100 years ago, today the federal judiciary is apt to step in to stop state legislatures from adopting policies like this.
The people never consented to have the federal judges behave this way.
Bill of Rights Day was signed into practice by President Franklin Delano Roosevelt on December 15, 1941, one hundred and fifty years after the actual signing of the Bill of Rights by our forefathers. It will not be a topic for discussion on the news shows today.
No comments:
Post a Comment