A:
If the constitution does not speak clearly, then it does not speak at all & democratic majority should decide it (court stands aside). - hard to differentiate b/w when the it is silent & when it has been denied. - Risks minimizing judiciary’s function to the point that constitutional guarantees themselves become marginally relevant - Under the guise of judicial restraint, the court may realign & redistribute rights (i.e. Establishment clause’s meaning is indeterminate so voidism would just strike it out)....
why is the constitution still relevant? related stuff
Related legal concerns:
is the us constitution really relevant anymore? |