Mitch Haley wrote:

"On the moral question upon which the SCOTUS bases their unconstitutional
ruling:  . . ."

My response: I understand you might not like a decision of the Supreme Court, 
BUT, its decision are absolutely final unless the Constitution were amended or 
the Court overturned its own decision.  I understand that it the point you are 
trying to make.  BUT, to call a decision of the Court unconstitutional 
demonstrates a failure to understand how it works.  A decision of the Supreme 
Court cannot be unconstitutional because under our system of governance the 
Court is tasked with authority to interpret the Constitution. This is even more 
apparent when the Court is interpreting Amendments to the Constitution. A 
decision of the Court can be wrong (in your opinion) but a decision of the 
Court cannot be unconstitutional.  IF, however, the Constitution were amended 
and the amendment provided that there would never be a draft, then the decision 
would be overturned.

Mitch also wrote:

"Just think of all the wrongheaded racial decisions which were overturned by 
Brown v Board of Education, which in turn was also incredibly wrongheaded."

My response:

I can't say that I agree with you that Brown v. Board of Education was wrongly 
decided.  BUT, I do agree with you that the Supreme Court does wacky things and 
also sometimes violates its own core principles.  In fact, if you are really 
interested in textualism and original intent you can read an article that is 
critical of the conservative justices for violating their own conservative 
principles.  You can find it at:

http://www.washburnlaw.edu/wlj/42-2/articles/snook-donald.pdf


Donald H. Snook




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