[lbo-talk] that's why we have a constitution

[Nathan Newman]

----- Original Message ----- 
From: "Charles Brown" <cbrown at michiganlegal.org>
-The "street heat" of the Civil War, abolishing slavery, was "enshrined" as
-the 13th, 14th and 15th Amendments to the Constit.
-Hard to stay out "in the street" forever. Of course, it does become
-necessary to go back out in the street. The 14th Amendment was undermined 
in
-the interim since the Civil War, and the Civil Rights movement had to go
-back out "in the streets" , to revive it.

Interesting use of passive voice.   "The 14th Amendment was undermined"--  
no, the SUPREME COURT overturned democratically passed legislation to 
protect the rights of the freedmen, struck down the convictions of Klansmen, 
and prevented federal officials from arresting KKK terrorists throughout the 
South.

It was the Constitution that was used to destroy the democratic street heat 
coming out of the Civil War.  Those standing up for civil rights had the 
votes in Congress to defend their rights; it was nine men in black robes who 
frustrated that democratic power and handed it over to the white hoods down 
south.

Why should judges act better than elected branches?  What alchemy happens 
that makes them cherish rights more than democratically accountable leaders? 
"Locking in" the past into a constitution is far more likely to be a 
reactionary force restraining progressive change.

Nathan Newman