(A)theologies

The Great Secret of Constitutional Law: Why Proposition 8 Will (and perhaps should) Be Upheld

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“The Constitution is not what the Court says it is. Rather it is what the people…eventually allow the Court to say it is.” A careful read of the history of great advances in American freedom reveals that high court decisions like Brown v. Board of Ed. actually relied both on the clarity of the argument and the perception that the nation was ready.

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