Arkansas Watch Judicial supremacy not right

Wednesday, May 5, 2010

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The doctrine of “judicial supremacy” is most pithily expressed in a quote by former Chief Justice Charles Evans Hughes who said “we are under a Constitution, but the Constitution is what the judges say it is.... ” Judicial supremacy undermines the rule of law because it removes any fixed basis for law. “The Law” becomes whatever the judges say it is today, and new judges can arbitrarily decide to change it the following year. This shows itself apparent in cases like Lawrence v.

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Opinion, Pages 4 on 05/05/2010

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