I believe in a Constitution – as our Supreme Court’s first great Chief Justice, John Marshall, said in 1819 – and I quote “intended to endure for ages to come, and consequently to be adapted to the various crises of human affairs.”
At its core, the Constitution envisions ever increasing protections of human liberty and dignity for its citizens and a national government empowered to face unanticipated “crises.”
Judge, herein lies the crux of the intellectual debate I referenced at the outset – whether we will have ever increasing protections for human liberty and dignity or whether those protections will be diminished.
In 1925, the Constitution preserved the rights of parents to determine how to educate their kids, striking down a law that required children to attend public schools. In 1965, the Constitution told the state to get out of a married couple’s bedroom, by striking down a state law prohibiting married couples from using contraceptives. In 1967, the Constitution defended the right of a black woman to marry a white man. And in 1977, the Constitution stopped a city from making it a crime for a grandmother to live with her grandchildren.
And, fortunately, even when the Supreme Court, at first, took our Constitution away from the promise and hope of our Constitution’s ennobling phrases; in the end, we have kept the faith.
In 1873, for example, the Court said states could forbid women from being lawyers. It took a hundred years to undo this terrible mistake. But the Court eventually got it right.
In 1896, the Supreme Court said “separate but equal” was lawful. It took 58 years for the Supreme Court to outlaw racial segregation, throwing that doctrine in the dustbin of history. But the Court ultimately got it right.
In the early 1900s, the Court rendered the federal government powerless to outlaw child labor and to protect workers. It took until 1937 for the Supreme Court to see the error in its ways. But the Court finally got it right.
At every step, we’ve had to struggle against those who saw the Constitution as frozen in time. But time and again, we have overcome, and the Constitution has remained relevant and dynamic thanks to a proper interpretation of the ennobling phrases purposefully placed in our great “civic Bible.”
http://judiciary.senate.gov/member_statement.cfm?id=1610&wit_id=97Damn right!