George Will provides a more in-depth discussion on the end of the Constitution than I touched on yesterday.
Thursday’s decision demonstrates how easily, indeed inevitably, judicial deference becomes judicial dereliction, with anticonstitutional consequences. We are, says William R. Maurer of the Institute for Justice, becoming “a country in which all the branches of government work in tandem to achieve policy outcomes, instead of checking one another to protect individual rights. Besides violating the separation of powers, this approach raises serious issues about whether litigants before the courts are receiving the process that is due to them under the Constitution.”As great nations decline, there are many milestones on the descent. One day the freedoms will be completely gone and some will wonder how it all happened.
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