Liberals love to call the U.S. Constitution a “living document” — in other words, one that changes through time in order to keep up with the times.
And at one level, they are certainly right. Because the Constitution can be amended at any time through a difficult but manageable process, it can reflect the changing needs of our people.
The decision by federal judge Vaughan Walker to invalidate California’s Proposition 8 both recycles and revives some of the tired, misleading clichés regarding the same sex marriage controversy. These distortions demand direct, concise correction and rebuttal.
As over-leveraged investment houses began to fail in September 2008, the leaders of the Republican and Democratic parties, of major corporations, and opinion leaders stretching from the National Review magazine (and the Wall Street Journal) on the right to the Nation magazine on the left, agreed that spending some $700 billion to buy the investors’ “toxic assets” was the only alternative to the U.S. economy’s “systemic collapse.” In this, President George W. Bush and his would-be Republican successor John McCain agreed with the Democratic candidate, Barack Obama.
Prior to 1913, there was no federal income tax. The states had rights and representation in Washington DC, there was no Federal Reserve Bank, and the federal government lived under the enumerated powers afforded within the US Constitution. What a difference one year can make…
A pregnant single woman (Roe) brought a class action challenging the constitutionality of the Texas criminal abortion laws, which proscribe procuring or attempting an abortion except on medical advice for the purpose of saving the mother’s life. A licensed physician (Hallford), who had two state abortion prosecutions pending against him, was permitted to intervene. A childless
In the latest act of judicial arrogance, California district court judge Vaughn Walker has overturned California’s state marriage amendment. The amendment was enacted through a successful 2008 referendum in which more than 7 million Californians affirmed marriage between one man and one woman in their state constitution. Protectmarriage.c
The federal same-sex marriage decision out of California sets into motion a sequence of events that will result in a Supreme Court earthquake two years from now. The Supreme Court can either vindicate traditional marriage, or forever redefine the most basic unit of human civilization.
There is simply no scientific or mathematical formula that defines conservatism. Moreover, there are competing voices today claiming the mantle of “true conservatism” — including neo-conservatism (emphasis on a robust national security), paleo-conservatism (emphasis on preserving the culture), social conservatism (emphasis on faith and values), and libertarianism (emphasis on individualism), among others. Scores of scholars have written at length about what can be imperfectly characterized as conservative thought. But my purpose is not to give them each exposition, as it cannot be fairly or adequately accomplished here, nor referee among them. Neither will I attempt to give birth to totally new theories.
The Supreme Court consists of the Chief Justice of the United States and such number of Associate Justices as may be fixed by Congress. The number of Associate Justices is currently fixed at eight (28 U. S. C. §1). Power to nominate the Justices is vested in the President of the United States, and appointments are made with the advice and consent of the Senate. Article III, §1, of the Constitution further provides that “[t]he Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.”