If the Judge holds no allegiance to the Constitution what value do his rulings have? Does he not take an oath to uphold the Constitution? How does he decide his rulings, whim? Whatever morality or definition of the law that floats through his mind that particular day?
This is a legitimate question to which I am sure some of our readers have the answer. Judge Posner must have a stated philosophy, he is considered by many to be one of the most influential legal thinkers around today. But again, doesn’t a federal judge take an oath to the Constitution? Or do such oaths not count if they don’t fit one’s legal disposition? I am sure there are those who say that they don’t. Which is of course, crazy.
According to 7th Circuit Judge Richard Posner in a post published to Slate, U.S. judges should stop studying the Constitution.
“I see absolutely no value to a judge of spending decades, years, months, weeks, day, hours, minutes, or seconds studying the Constitution, the history of its enactment, its amendments, and its implementation,” Posner argued.