Date: Thu, 26 Mar 1998 00:47:19 -0500 (EST)
From: Justin Schwartz <jschwart-AT-freenet.columbus.oh.us>
Subject: Re: M-TH: independence of the judiciary, etc.



Charles asks whether the possibility in principle of a constitutional
amendment overruling a constitutional Supreme Court decision affects the
debate about the proper role of the judiciary. I don't think it does. That
has happened twice in history, as far as I know: the 13th
amendmentocerruled Dredd Scott and the 26th (the 18 year old voting rule)
overruled some case, the name of which I forget, that had created an
anomaly between state and federal voting rights, under which the federal 
voting age was 18, but the states could establish their own age
requirement. It's not a reasonable answer to say that if you donb't like
what the Court does, get an amendment. It's deliberately made too damned
hard.

Charles insists on the role of an politically engaged and active public in
affected the policy decisions of courts and legislatures. I think we can
all agree on that.

--jks 





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