When people argue that we should give up on the Constitution–and I’m starting to hear these arguments more often than Taylor Swift break-up songs–one of the first reasons they give is that the Constitution was written by a bunch of old, dead, white men. Why should we care anything about what they thought?
Well, there’s something else that was written by a bunch of old, dead, white men: the vast majority of all Supreme Court decisions, including Marbury v. Madison, Miranda v. Arizona, and, everybody’s favorite, Roe v. Wade (which did involve a black man, but he’s just as dead).
So, why is it that the Constitution is an archaic mess that should be tossed out like yesterday’s burritos, while Supreme Court precedents are the indisputable, carved-in-stone law of the land? Just wondering.