THE METHOD OF SUBVERSION OF THE CONSTITUTION —” the drift away from constituti

THE METHOD OF SUBVERSION OF THE CONSTITUTION

—” the drift away from constitutional legitimacy is not just the result of incompetence or confusion. There is a faction which has tended to dominate the federal government, especially during most of the 20th century, which has deliberately sought to extend precedents beyond the bounds of original constitutional understanding. It has done this by carefully selecting cases against weak or inadequately represented defendants, appealing only those cases they are sure they will win, and framing the arguments so that the judges often don’t have a choice that is constitutional, but must choose between two unconstitutional positions. Ordinarily this is supposed to be guarded against by constitutionally protective parties filing amicus curiae briefs to argue a strict constructionist position, but such briefs are not always filed in important cases, or are often ignored by the court.”—