I have extraordinary respect for American courts as repositories of significant and necessary powers, and as careful, able users of that power.
But I have no special respect for American courts as determiners of what is right, or even of what properly is to be determined given a textual authority. In determinations, a court is only so much better than equally intellegent and disinterested men as practice and careful briefing by lawyers may make it.
The important thing is to understand that courts are more than determiners of outcomes - they do not just call balls and strikes. They are repositories of awesome power over you, over me, overall. And in that capacity, they are wonderfully effective and deserving of profound respect.
Tuesday, April 12, 2011
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