December 01, 2004

Upping the Stakes in Ashcroft v Raich

Glenn Reynolds just upped the stakes on Ashcroft v Raich:

ASHCROFT V. RAICH isn't a case about marijuana, really. As Jonathan Adler explains, it's really a test of whether the Supreme Court takes the constitution seriously.

When you ask a question like this, you really ought to ask yourself what you're going to do about it if the answer is no. If the US Supreme Court exposes itself as not taking "the constitution seriously", what is your obligation as a citizen? You can't unelect them. You certainly can't count on the seriously broken political appointment process to replace them with better justices. So what do you do, just give up constsitutional republicanism? Should you start talking about Jefferson's right of rebellion?

Where, exactly, do you go when the USSC is no longer serious about properly interpreting the US Constitution?

Posted by TMLutas at December 1, 2004 04:48 PM