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By legislatures who ae answerable to the electorate, rather than a majority of the supreme court. finally, for purpose of my question, said the adoption of such a loose, flexible, uncontrolled standard for holding laws unconstitutional, if ever finally achieved, will amount to a great unconstitutional shift of power to the courts which i believe justice black that is, and am constrained to say will be bad for the courts and worse for-country. judge justice jackson, why is it substantative due process just another form of policymaking and you strive to be apolitical, something i applaud. but why isn t subtantive due ....
0 of marriage, correct? i am aware there are various religious faiths that define marriage in a traditional way. do you see that when the supreme court makes a dramatic pronouncement about the invalidity about state marriage laws, it will inevitably set in conflict between those who ascribe to the supreme court s edict and those who have a firmly held religious belief that marriage is between a man and a woman? well, senator, these issues are being litigated, as you know, throughout the courts i as people raise issues and so, i m limited in what i can say about them. i m aware there are cases i m not asking you to decide a case or predict how you would decide in the future. i m asking isn t it apparent that when the supreme court decided something that is not even in the constitution is a fundamental right and no state can pass any law that conflicts with the supreme court s edict, particularly in an area where people have sincerely held religious believes, doesn t that effec ....