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338100 obstacles to constitutional compliance

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  • Jon Roland
    Jun 20, 2013
      We have updated our list of more than 200 milestone decisions of the U.S. Supreme Court at
      http://constitution.org/ussc/ussc_milestones.html
      http://constitution.org/ussc/ussc_milestones.xls

      We have added ratings and comments on most of the decisions. You will be able to see how judicial doctrine has drifted away from original understanding over 200 years.

      Of these about 100 are serious impediments to achieving constitutional compliance, and as difficult as it is to get constitutional amendments, it is much easier to amend the Constitution than to litigate to overturn these wrong precedents, to which lawyers, judges, and reliance interests will cling with a tenacity that it will take a massive popular movement to overcome. Even if we could totally reform the way new lawyers are educated and indoctrinated, it would take at least three generations to clear the field of those whose careers are based on departures from constitutional fidelity, and we should expect a push back toward the opposite position.

      One attempt to draft amendments that might do that is at http://constitution.org/reform/us/con_amend.htm It doesn't address everything. But it does address the most important, and if those can be adopted, we can expect a sea change in our civic and legal culture that will sweep away the rest.

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      -- Jon
      
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