I Think The Main Fight Is To

For In Order For Capitalism To Work -- In Order For It To Produce A Good And A Stable Society -- The Traditional Christian Virtues Are Essential.

That's The Argument Of Flexibility And It Goes Something Like This: The Constitution Is Over 200 Years Old And Societies Change. It Has To Change With Society, Like A Living Organism, Or It Will Become Brittle And Break. But You Would Have To Be An Idiot To Believe That. The Constitution Is Not A Living Organism; It Is A Legal Document. It Says Something And Doesn't Say Other Things.

Many Think It Not Only Inevitable But Entirely Proper That Liberty Give Way To Security In Times Of National Crisis--that, At The Extremes Of Military Exigency, Inter Arma Silent Leges. Whatever The General Merits Of The View That War Silences Law Or Modulates Its Voice, That View Has No Place In The Interpretation And Application Of A Constitution Designed Precisely To Confront War And, In A Manner That Accords With Democratic Principles, To Accommodate It.

If, Even As The Price To Be Paid For A Fifth Vote, I Ever Joined An Opinion For The Court That Began: 'the Constitution Promises Liberty To All Within Its Reach, A Liberty That Includes Certain Specific Rights That Allow Persons, Within A Lawful Realm, To Define And Express Their Identity,' I Would Hide My Head In A Bag. The Supreme Court Of The United States Has Descended From The Disciplined Legal Reasoning Of John Marshall And Joseph Story To The Mystical Aphorisms Of The Fortune Cookie.

The Court Today Completes The Process Of Converting Title Vii Of The Civil Rights Act Of 1964 From A Guarantee That Race Or Sex Will Not Be The Basis For Often Will.