Free Republic

Brown Reconsidered January 13, 2004 Judicial review was originally proposed (most notably in Federalist No. 78) as a method of making sure legislatures didn’t pass unconstitutional laws. Today it has become a method of changing the very meaning of constitutions under the guise of interpreting them. The problem was highlighted this past November, when the supreme court of Massachusetts handed down the sensational ruling that the state’s constitution required that same-sex “marriage” be recognized in law. The court didn’t even bother citing any specific passage of the constitution that might be construed to mean this; obviously it couldn’t find one....