Certainly One Cannot Ban Cross Burning In

I Am Glad That I Am Not Raising Kids Today. And I’m Rather Pessimistic That My Grandchildren Will Enjoy The Great Society That I’ve Enjoyed In My Lifetime. I Really Think It’s Coarsened. It’s Coarsened In So Many Ways. One Of The Things That Upsets Me About Modern Society Is The Coarseness Of Manners. You Can’t Go To A Movie — Or Watch A Television Show For That Matter — Without Hearing The Constant Use Of The F-word — Including, You Know, Ladies Using It. People That I Know Don’t Talk Like That!

We Should Start Calling This Law Scotuscare ... [t]his Court's Two Decisions On The Act Will Surely Be Remembered Through The Years ... And The Cases Will Publish Forever The Discouraging Truth That The Supreme Court Of The United States Favors Some Laws Over Others, And Is Prepared To Do Whatever It Takes To Uphold And Assist Its Favorites.

Justice White's Conclusion Is Perhaps Correct, If One Assumes That The Task Of A Court Of Law Is To Plumb The Intent Of The Particular Congress That Enacted A Particular Provision. That Methodology Is Not Mine Nor, I Think, The One That Courts Have Traditionally Followed. It Is Our Task, As I See It, Not To Enter The Minds Of The Members Of Congress - Who Need Have Nothing In Mind In Order For Their Votes To Be Both Lawful And Effective - But Rather To Give Fair And Reasonable Meaning To The Text Of The United States Code, Adopted By Various Congresses At Various Times.

The Court's Decision Reflects The Philosophy That Judges Should Endure Whatever Interpretive Distortions It Takes In Order To Correct A Supposed Flaw In The Statutory Machinery. That Philosophy Ignores The American People's Decision To Give Congress '[a]ll Legislative Powers' Enumerated In The Constitution. They Made Congress, Not This Court, Responsible For Both Making Laws And Mending Them.

What Is A Moderate Interpretation Of The Text? Halfway Between What It Really Means And What You'd Like It To Mean?