It operates as a refuge for a civilizing element in short supply in contemporary America: honest criticism
Future tense, VIII: Enter totalitarian democracy
On the difficulties of making law in the modern world.
was right!Support The
I would not look to the U.S. Constitution if I were drafting a constitution in the year 2012.” The speaker was Associate Justice Ruth Bader Ginsburg of the United States Supreme Court. These, therefore, were astonishing words.
The authority over American law enjoyed by Justice Ginsburg and her colleagues on the Court owes solely to the existence of the U.S. Constitution, complemented by the high court’s proclamation that it has the last word on how that Constitution is to be construed. That latter power grab traces its roots back to Chief Justice John Marshall’s legendary 1803 opinion in Marbury v. Madison. Marshall “emphatically” declared it “the duty of the Judicial Department to say what the law is.” Despite naysayers from Jefferson to Lincoln, who thought that judicial supremacy would eviscerate popular sovereignty, Marshall&r ...
This article is available to subscribers and for individual purchase
This article originally appeared in The New Criterion, Volume 30 April 2012, on page 4
Copyright © 2015 The New Criterion | www.newcriterion.comhttp://www.newcriterion.com/articles.cfm/Future-tense--VIII--Enter-totalitarian-democracy-7329
E-mail to friend
From a series of letters regarding Andrew C. McCarthy's review of American Betrayal (The New Criterion, December 2013)
An overview of “Free Speech under Threat: How Anglosphere Values Are Being Undermined by Fear, Political Correctness, and Misplaced Concerns about Privacy,” a symposium organized jointly by The New Criterion and London’s Social Affairs Unit.
The Walter Duranty Prize for Journalistic Mendacity
Introduction to The Kennedy Phenomenon
The Kennedy Phenomenon: "Watching the Kennedy Train-Wreck"