[Rushtalk] 100 obstacles to constitutional compliance

Carl Spitzer Winblows at lavabit.com
Sun Jul 7 10:39:59 MDT 2013


From: Jon Roland <jon.roland at constitution.org>
Date: Thu, 20 Jun 2013 23:39:58 -0500

  We have updated our list of more than 200 milestone decisions of the
U.S. Supreme Court at
http://constitution.org/ussc/ussc_milestones.html
http://constitution.org/ussc/ussc_milestones.xls

We have added ratings and comments on most of the decisions. You will be
able to see how judicial doctrine has drifted away from original
understanding over 200 years.

Of these about 100 are serious impediments to achieving constitutional
compliance, and as difficult as it is to get constitutional amendments,
it is much easier to amend the Constitution than to litigate to overturn
these wrong precedents, to which lawyers, judges, and reliance interests
will cling with a tenacity that it will take a massive popular movement
to overcome. Even if we could totally reform the way new lawyers are
educated and indoctrinated, it would take at least three generations to
clear the field of those whose careers are based on departures from
constitutional fidelity, and we should expect a push back toward the
opposite position.

One attempt to draft amendments that might do that is at
http://constitution.org/reform/us/con_amend.htm It doesn't address
everything. But it does address the most important, and if those can be
adopted, we can expect a sea change in our civic and legal culture that
will sweep away the rest.



-- Jon

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