“Constitutional Tinkering”
6th December 2010
Todd Zywicki has some good points.
Justice Scalia notes (in a Matter of Interpretation if I recall correctly) that what is striking about the 19th Amendment is how quaint it seems that in order to give women the right to vote it was thought that you actually had to amend the Constitution in order to bring that result about. Today, of course, someone would just file a lawsuit and have the judges order that result.