Steve

Jack– Sending a posting at 4:34AM? If you were a conservative, I’d say your conscience was bothering you, but since you are a liberal, it had to have been another bad case of gas!

You have asked for examples of schizojuristics. That will be tough since the rulings will probably have changed again in the time it takes to post this on the Blog. I do like one particular example that immediately comes to mind. Alabama Supreme Court Justice Roy Moore was ordered to remove the Ten Commandments from the court building. This ruling was finalized in the U.S. Supreme court where the Ten Commandments are displayed twice.

The plethora of relativistic rulings has a foundation in modern judicial theory:

“We are under a Constitution, but the Constitution is what the judges say it is.”– Chief Justice Charles Evans Hughes, 1930- 1941.

“The Amendment must draw its meaning from the evolving standards of decency that mark the progress of a maturing society.” – Chief Justice Earl Warren, in 1953.

“I take judge-made law as one of the existing realities of life.” – US Supreme Court Justice Benjamin Cardozo, in 1921.

“The justification of a law for us cannot be found in the fact that our fathers always have followed it. It must be found in some help which the law brings toward reaching a social end.” – Justice Oliver Wendell Holmes, Jr., in 1920.

“The felt necessities of the time, the prevalent moral and political theories...the prejudices which judges share with their fellow men have had a good deal more to do than the syllogism in determining the rules by which men should be governed.” – O. W. Holmes, Jr., in 1881.

In Washington’s farewell address in 1796, he warned, “If, in the opinion of the people, the distribution or the modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation; for through this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed.”

I suspect Washington’s warning is coming to pass.