Evolution and the Constitution

Evolution and the Constitution

Key Quote

“The structural changes intended by the Equal Protection Clause of the 14th Amendment should not be evaded through artful grammatical parsing (as practiced, to its discredit, by the United States Supreme Court in a series of nineteenth century precedents).  In addition, the Wisconsin state consitutional provisions protecting public access to government (original 1848 text) , preserving the right to vote (added 1986), and providing for the recall of elected officials (created 1926 and amended 1981) should not be interpreted away in contravention of the intent of the voters who approved those provisions.  Textual language that was enacted in order to implement progressive conceptions of “good government” is entitled to the same respect as provisions that embody the political philosophy of the Founding Generation.  Judges are not free to pick and choose which portions of the constitutional text they will respect.”

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Posted on

November 1, 2019