Constitutional Ruminations in Boston


My attendance at a legal conference in Boston has allowed me a chance to reflect on the remarkable stability of our country’s legal system. Clearly, to err is human and our judicial branch has had and will have numerous screw ups. Yet, I am chastened by the fact that when a judge makes a ruling, we abide by it like it or not. And, if not, the executive branch will (generally) enforce it.

Yesterday, I ran by the site where Massachusetts confirmed its assent to the United States Constitution over two hundred years ago. While many would describe the Constitution as a living document in the sense that it “evolves” as our nation ages, I disagree. Instead, I suggest that it is alive such that it retains its relevance, meaning and potency as originally written. This is so without the need to infer, imply or suggest what it “really” means in the context of our contemporary society.

For example, our First Amendment guarantees (among other rights) the freedom of speech. Can anyone claim that the advent of new technologies changes this right? No. Yes, I get it, what would have been deemed profane or unspeakable in times ago may very well no longer spark contest and outrage. But I know also that we must guard against efforts to prevent those who would restrict speech simply because they deem it devisive or hurtful.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Sands Anderson PC | Attorney Advertising

Written by:


Sands Anderson PC on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.