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The New Constitutional Covenant |
| Section: MODERN THOUGHT / CONFOUNDING THE CONSTITUTION: TREASON IN THE COURTS |
| Author: Gerard V. Bradley |
| Publication: The world & I online |
| Issue Date: 3/1/1994 |
| Size: 6,558 Words, 41,527 Characters |
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Thurgood Marshall's papers were made public late last May. From all the fuss, you would think they were stolen from his widow and splashed, along with photos of justices in hula skirts with lampshades for hats, across the pages of the National Enquirer. They were not. Marshall donated them to the Library of Congress, stipulating that after his death they "be made available to the public at the discretion of [the] Library." Marshall died in January 1993. There were no pictures.
There was a portrait, a pretty flattering one. Behind the curtains parted by Marshall we see the justices engaged in earnest, high-toned deliberations, addressing each other respectfully, even solicitously. The Marshall papers unmistakably depict uncorrupted persons of above-average intelligence and firm convict...
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...ess, exercising their constitutional veto, or are they engaged in (sometimes illegal) resistance to the law? And so on.
It is our move. The Casey Court made clear that it will construe anything but conspicuous rejection of their proposal as acceptance of the justices' terms. If for no other reason, we do not have the option of paying no attention to the men and women behind the curtain.
(806 of 41,527 characters)
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