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U.S. Constitution
See other U.S. Constitution Articles

Title: The Living Constitution’s Illimitable Government
Source: Law & Liberty
URL Source: https://lawliberty.org/the-living-c ... utions-illimitable-government/
Published: Jan 24, 2023
Author: David A Eisenberg
Post Date: 2023-01-24 18:30:23 by Charles_Byrd
Keywords: None
Views: 24

That Wilson and his progressive epigones got what they wanted is too plain to permit of serious doubt. Those disinclined to accept such matters on faith need look no further than Obergefell v. Hodges, the 2015 landmark case that legitimated same-sex marriage. That case was decided in the court of public opinion before it was decided in the court of last resort, and but for that earlier pronouncement, the latter would not have been reached. To frame that differently, it is only because public opinion shifted appreciably in favor of same-sex marriage that the Supreme Court announced that a right to it was now fundamental.

Clearly, Obergefell could not have been handed down in an earlier century. But it was not the Constitution that changed in that time, at least not with regard to the matter at hand. What changed was the opinion of the public. And the Court, cognizant of that change, updated the Constitution to reflect that societal shift and canonize a right that the document never contemplated. To return to the progressives’ opening supplication: permission granted.

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