MineEvolved
05-17-2018, 06:41 PM
Absolutely DESTROYS Brown v. Board of Education, while exposing judicial activism for the pure, unconstitutional evil that it is.
Long, but worth every minute. Jared Taylor hit a grand slam with this one back in 2004.
https://www.amren.com/news/2018/05/brown-v-board-of-education-jared-taylor/
Brown and its sequels are some of the strongest proof of why judicial activism is so dangerous. The Constitution is silent on the question of segregated schools. Some states had them and others did not; it was a matter rightly left up to the deliberations of the people’s elected representatives. The Supreme Court forced a mute Constitution to speak, and in so doing made it speak gibberish.
From ratification until 1954, the Constitution permitted (though did not require) segregated schools. In 1954 it suddenly forbade legal segregation without requiring deliberate racial balancing. In 1968 it suddenly required race-conscious balancing, and in 1991 it decided not to require it after all. These changes were not the result of Amendments; they reflect nothing more than judicial decision-making so powerful and capricious that some have described it as tyranny. As Chief Justice Charles Evans Hughes once noted, “We are under a Constitution, but the Constitution is what the judges say it is.”
Brown and what followed underline how different court rulings are from legislation. Legislation is a tedious, time-consuming process, that requires the agreement of many people. It involves trade-offs and compromises, drafting, redrafting, and public scrutiny. Many court rulings are taken on the authority of only one judge, and a Supreme Court decision requires just five. Courts are therefore far more likely than legislatures to veer off into treacherous, uncharted waters. Obligatory race-balancing was a colossal, expensive mistake that no state or national legislature would have made. Only the courts can completely ignore the will of the people, and force upon them policies their representatives would never enact.
Long, but worth every minute. Jared Taylor hit a grand slam with this one back in 2004.
https://www.amren.com/news/2018/05/brown-v-board-of-education-jared-taylor/
Brown and its sequels are some of the strongest proof of why judicial activism is so dangerous. The Constitution is silent on the question of segregated schools. Some states had them and others did not; it was a matter rightly left up to the deliberations of the people’s elected representatives. The Supreme Court forced a mute Constitution to speak, and in so doing made it speak gibberish.
From ratification until 1954, the Constitution permitted (though did not require) segregated schools. In 1954 it suddenly forbade legal segregation without requiring deliberate racial balancing. In 1968 it suddenly required race-conscious balancing, and in 1991 it decided not to require it after all. These changes were not the result of Amendments; they reflect nothing more than judicial decision-making so powerful and capricious that some have described it as tyranny. As Chief Justice Charles Evans Hughes once noted, “We are under a Constitution, but the Constitution is what the judges say it is.”
Brown and what followed underline how different court rulings are from legislation. Legislation is a tedious, time-consuming process, that requires the agreement of many people. It involves trade-offs and compromises, drafting, redrafting, and public scrutiny. Many court rulings are taken on the authority of only one judge, and a Supreme Court decision requires just five. Courts are therefore far more likely than legislatures to veer off into treacherous, uncharted waters. Obligatory race-balancing was a colossal, expensive mistake that no state or national legislature would have made. Only the courts can completely ignore the will of the people, and force upon them policies their representatives would never enact.