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It is worth noting that the first two issues were settled via Constitutional Amendments, whereas the second two were decided by the Supreme Court. If I were a b

It is worth noting that the first two issues were settled via Constitutional Amendments, whereas the second two were decided by the Supreme Court. If I were a betting man, I would bet that the SSM issue will also be settled by the Supreme Court, not by Constitutional Amendment. It seems that, as a nation, we Americans can no longer settle divisive national (and therefore Federal) issues via the democratic process envisioned by the Founding Fathers in the Constitution: amendment of the Constitution itself. Instead, we leave ultimate decision making power in the hands of the Supreme Court. Former Chief Justice Earl Warren expressed concern that if the Court's power became too widespread, America would have, instead of democracy, kritarchy: rule by judges.

jfmercer 11y ago
Correction: It was Supreme Court Justice Stanley Reed [1], not Chief Justice Earl Warren [2], who "expressed concern that if the Court's power became too widespread, America would have, instead of democracy, kritarchy". He did so in late July 1953, specifically regarding the not-yet-decided Brown v. Board of Eduction decision of May 1953, in a discussion with one of his law clerks, John David Fassett. He confronted Fassett with the question, "Are you one of those people who believes in krytocracy?" Apparently, he discussed this question at length with his law clerks in the months leading up to the Brown decision. I could find no evidence that he spoke with his Supreme Court colleagues about it, but, then again, I've done no real research. Also according to Fassett, in a February 1953 memo--three months before the Brown ruling--fellow Supreme Court Justice Robert Jackson [3] used the term "a ruthless use of judicial power." Although Jackson did not use the term "krytocracy," Fassett commented, "That was sort of Justice Reed's feeling too--his krytocracy thought was the same thing." I found all of the above in this article [4]. Finally, it is worth noting that, regardless of certain Justices' concerns about the Constitutional limits of judicial authority, the Brown v. Board of Education ruling overturned Plessy v. Ferguson by a unanimous vote, 9-0. [1] https://en.wikipedia.org/wiki/Stanley_Forman_Reed https://en.wikipedia.org/wiki/Stanley_Forman_Reed [2] https://en.wikipedia.org/wiki/Earl_Warren https://en.wikipedia.org/wiki/Earl_Warren [3] https://en.wikipedia.org/wiki/Robert_H._Jackson https://en.wikipedia.org/wiki/Robert_H._Jackson [4] http://www.roberthjackson.org/files/theman/speeches-articles/files/articles/15fc4e650c204cfe9e7170bc4428d890.pdf http://www.roberthjackson.org/files/theman/speeches-articles...

jfmercer 11y ago

Correction: It was Supreme Court Justice Stanley Reed [1], not Chief Justice Earl Warren [2], who "expressed concern that if the Court's power became too widespread, America would have, instead of democracy, kritarchy". He did so in late July 1953, specifically regarding the not-yet-decided Brown v. Board of Eduction decision of May 1953, in a discussion with one of his law clerks, John David Fassett. He confronted Fassett with the question, "Are you one of those people who believes in krytocracy?" Apparently, he discussed this question at length with his law clerks in the months leading up to the Brown decision. I could find no evidence that he spoke with his Supreme Court colleagues about it, but, then again, I've done no real research. Also according to Fassett, in a February 1953 memo--three months before the Brown ruling--fellow Supreme Court Justice Robert Jackson [3] used the term "a ruthless use of judicial power." Although Jackson did not use the term "krytocracy," Fassett commented, "That was sort of Justice Reed's feeling too--his krytocracy thought was the same thing." I found all of the above in this article [4]. Finally, it is worth noting that, regardless of certain Justices' concerns about the Constitutional limits of judicial authority, the Brown v. Board of Education ruling overturned Plessy v. Ferguson by a unanimous vote, 9-0. [1] https://en.wikipedia.org/wiki/Stanley_Forman_Reed https://en.wikipedia.org/wiki/Stanley_Forman_Reed [2] https://en.wikipedia.org/wiki/Earl_Warren https://en.wikipedia.org/wiki/Earl_Warren [3] https://en.wikipedia.org/wiki/Robert_H._Jackson https://en.wikipedia.org/wiki/Robert_H._Jackson [4] http://www.roberthjackson.org/files/theman/speeches-articles/files/articles/15fc4e650c204cfe9e7170bc4428d890.pdf http://www.roberthjackson.org/files/theman/speeches-articles...