“A society deadened by a smothering network of laws while finding release in moral chaos is not likely to be either happy or stable.”
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Modernity, the child of the Enlightenment, failed when it became apparent that the good society cannot be achieved by unaided reason.
The notion that Congress can change the meaning given a constitutional provision by the Court is subversive of the function of judicial review and it is not the less so because the Court promises to allow it only when the Constitution is moved to the left.
Those who made and endorsed our Constitution knew man's nature, and it is to their ideas, rather than to the temptations of utopia, that we must ask that our judges adhere.
The purpose that brought the fourteenth amendment into being was equality before the law, and equality, not separation, was written into the law.
