Liberty, The Constitution,
and The Supreme Court
In few institutions has the rise of the new verbal elite been more evident than in American law. Both the personal backgrounds of Supreme Court Justices and the clerks who serve the Justices have linked the Court to University Law School environments more closely than it was in earlier times.
Thus, it should not surprise us that the Constitution has been interpreted as a bulwark of extreme verbal liberties and deviant life styles, often at the expense of traditional property rights and community values.
Perhaps most significant, a new instrument of raw power, the mass media has proved to be a particularly strong ally of judges who are willing to “discover” new rights and prohibitions in the language of both statutes and the Constitution. Furthermore, public opinion, which had ultimately triumphed over, and in one manner or another reversed, most earlier Supreme Court invalidations of popular policies, has lost most of its potency vis-à-vis the Court since the mass media have taken the Court’s side in such disputes.
LINKS TO ARTICLES
1) Of Persons and Property
2) Liberty: Civil and Otherwise
3) One Due Process?
4) Capital, 1971
5) U.S. Industry is Worker Owned
6) Free Market Offers Best Choices
7) Laissez Faire in the Verbal Arena
8) Judiciary Dangerous?
9) Creating Liberties?
10) U.S. View of High Court
11) On Discipline
12) Effective Handgun Control?
13) ‘The Bell Curve’, Sheds Light On Race in America