There are two issues in most of these hot button disputes. The first is the best policy. The second is who makes that determination. Our system of government was set up to encourage decisions to be made at as low a level of government as possible. That way the average voter gets the most input. You can stand up and say your piece at a local school board. You can vote to elect new members if you don't like the result. When a federal Department of Education is making the decisions, you have little input or remedy. When a federal judge is deciding, you have none.
"Enlightened" thinkers have encouraged the idea that the federal judiciary should take over deciding difficult issues. They distrust the average voter, who they view as ignorant, backward, bigotted and vulnerable to emotional appeals based on dangerous notions of patriotism, religion, family values, etc. Thus, all kinds of issues get decided by judges and we, the people, have nothing to say about it. If we object or protest, we are criticized for not respecting the Constitution and the tradition of law and justice.
Left unsaid is the fact that most of these "precious constitutional rights" were somehow not discovered until the last 25 years or so. We were able to function quite well as a country for 90% of our existence without the help of judges telling us how to run our lives. Do not tell me we have a "Living Constitution." I've seen it and it's a piece of paper. The words on it haven't changed. Do we say the Tax Code is a "Living Tax Code" and what we owe as taxes somehow magically changes every year based on evolving notions of fairness? We would never accept that because it would mean exchanging a government of laws for a government of men. Yet some welcome it with our most important law, the Constitution.
"Enlightened" thinkers have encouraged the idea that the federal judiciary should take over deciding difficult issues. They distrust the average voter, who they view as ignorant, backward, bigotted and vulnerable to emotional appeals based on dangerous notions of patriotism, religion, family values, etc. Thus, all kinds of issues get decided by judges and we, the people, have nothing to say about it. If we object or protest, we are criticized for not respecting the Constitution and the tradition of law and justice.
Left unsaid is the fact that most of these "precious constitutional rights" were somehow not discovered until the last 25 years or so. We were able to function quite well as a country for 90% of our existence without the help of judges telling us how to run our lives. Do not tell me we have a "Living Constitution." I've seen it and it's a piece of paper. The words on it haven't changed. Do we say the Tax Code is a "Living Tax Code" and what we owe as taxes somehow magically changes every year based on evolving notions of fairness? We would never accept that because it would mean exchanging a government of laws for a government of men. Yet some welcome it with our most important law, the Constitution.