The Corner

Response to Adler

I think some of the problems that you bring up–which I agree are real problems–are connected to the problem of judicial supremacy. We have a political culture that treats the enforcement of the Constitution as, primarily, a job for the courts, and so it is not surprising that legislators do not pay careful attention to the constitutionality of bills and figure that the courts will sort it out. I don’t know if I would say that the courts are the chief threat to the right ordering of American government–I suppose one can always come up with deeper problems, such as the insufficient quantity of right reason distributed among the population–but I do think it is a very big problem. If you believe that abortion-on-demand is a grave injustice and in principle calls into question the foundation of human rights in general (as I believe)–and if you believe that same-sex marriage is a grave threat to the future of American society (as I do not believe, but some thoughtful people do)–then those assessments will affect how you view the magnitude of the problem.

Ramesh Ponnuru is a senior editor for National Review, a columnist for Bloomberg Opinion, a visiting fellow at the American Enterprise Institute, and a senior fellow at the National Review Institute.

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