Lochnerizing Courts & the Abolition of Marriage
by Robert P. George
Judges are not legislators. The legitimacy of their decisions, particularly those decisions that displace the judgments of the people’s elected representatives, depends entirely on the truth of the claim that the law authorizes the court to settle the matter. When this claim is false, a judicial edict is not redeemed by its good intentions and even its good consequences (if the consequences of the edict in fact turn out to be good).
Decisions in which the courts usurp the constitutionally granted authority of the people in a basically just democratic polity are not merely incorrect; . . .
This article is only available to subscribers.
Not a subscriber? Subscribe to Touchstone today for full online access. Over 30 years of content!
Get a one-year full-access subscription to the Touchstone online archives for only $19.95. That's only $1.66 per month!
Get six issues (one year) of Touchstone PLUS full online access for only $29.95. That's only $2.50 per month!
Transactions will be processed on the secure server of The Fellowship of St. James website, the publisher of Touchstone.
OR get a subscription to Touchstone to read on your Kindle for only $1.99 per month! (This option is KINDLE ONLY and does not include either print or online.)
Your subscription goes a long way to ensure that Touchstone is able to continue its mission of publishing quality Christian articles and commentary.
more on marriage from the online archives
more from the online archives