Wrong Opinions of Dead People

4 Pages Posted: 19 Jul 2011

See all articles by Pat McPherron

Pat McPherron

affiliation not provided to SSRN

Date Written: July 17, 2011

Abstract

The Bill of Rights works so well when properly administered that unethical members of the executive, legislative or judicial branches cannot sustain or consolidate power beyond constitutional limits. Under the premise that power tends to corrupt, too many public sector officials endeavor to loosen the constraints imposed by the Framers. The easiest branch to effect unconstitutional breaches of authority is the judiciary via a policy of judicial review. However, in the high court’s fervor to protect itself from suit, it has induced incompetence by ignoring innovations in other social sciences that directly impact on the administration of justice. Judicial power is now susceptible to formal proofs indicating that judges are no longer the experts in determining the constitutionality of statutes, common law or legal procedures.

Suggested Citation

McPherron, Pat, Wrong Opinions of Dead People (July 17, 2011). Available at SSRN: https://ssrn.com/abstract=1887808 or http://dx.doi.org/10.2139/ssrn.1887808

Pat McPherron (Contact Author)

affiliation not provided to SSRN ( email )

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