IPFS News Link • Healthcare
Obamacare and the Revenge of the "Secret Constitution"
• by William N. Grigg (Pro Liberate)The
function of the judiciary is liturgical: It transmutes the restrictive language
of the constitution into a mandate for government action. This process is
called “state-building” – and the purpose of the judiciary, insists Professor Jack M. Balkin of
Yale Law School, is to “ratify significant revisions to the American social
contract.”
According to Balkin, “the most important function of the federal courts is to legitimate state building by the political branches.” It does this by supplying the appropriate scholarly conjurations every time those in charge of the State seek to enrich their powers at the expense of individual liberty.
According to Balkin, “the most important function of the federal courts is to legitimate state building by the political branches.” It does this by supplying the appropriate scholarly conjurations every time those in charge of the State seek to enrich their powers at the expense of individual liberty.
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