There is a whole industry that has grown up around Constitutional Law since this nation was founded at the end of the Eighteenth Century.  The Founders did what they could, fighting among themselves – so-called Liberals and so-called Conservatives battling for an acceptable middle way between their diverse interests.  So they created a Supreme Court that arrogated unto itself powers that were not written down to examine and study the words of a very powerful fellow, Mr. CONSTITUTION.

The Constitution clearly said there should be a separation between Church and State.  The Supreme Court Judges have been inconsistent in backing this notion that Congress shall make no law respecting the establishment of religion.  Mr. Constitution had nothing to say about marriage and absolutely ignored the life of men and women who chose their own sex for unions. Churches declared such carrying on unclean.

The Constitution clearly supported freedom of speech that the Supreme Court at times dithered about.  Some speech IS free; others approach the line that the GOVERNMENT says is detrimental to the health and safety of the nation.  The Supreme Court interpreted the Constitution to prevent some Tennessee Court Houses to post copies of the Hebrew (reformatted as Christian) Ten Commandments while allowing Texas to continue to erect monuments of the same Commandments. Mr. Constitution must be writhing in his glass case in the Library of Congress.

Mr. Constitution has been used by: Federalists, States Rights advocates, Know Nothings, Whigs, Republicans and Democrats at various times and at times his interpreters contradict earlier decisions.  The Ten Commandments have been written on Stone Tablets, but Mr. Constitution is a piece of parchment that has been added to over the years by amendments.  Some of the proposed latter are better left unmentioned but some badly needed amendments would make Mr. Constitution a better document without the Mr. or adding Ms.

So, what does the Constitution say about Justice O’Connor leaving the court and creating an opening for the President to fill with a nominee and the Senate to give advice and approval or disapproval of the Chief Executive’s choice?  That is it in all its simplicity, yet this country will go into throes of finger pointing and political maneuvering to replace the swing vote of O’Connor into something else the founders never thought of. Better watch out.  It is starting already.