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The Green Crusade Rethinking the Roots of Environmentalism
As recently as fifty years ago, the billowing industrial smokestack was a proud symbol of progress and power; today it is an image of unbridled corporate irresponsibility. This change in public att...
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Text of Justice David Souter’s speech,Justice David H. Souter,May 27, 2010,https://douc.cc/2w5jIC The Constitution is a pantheon of values, and a lot of hard cases are hard because the Constitution gives no simple rule of decision for the cases in which one of the values is truly at odds with another. Not even its most uncompromising and unconditional language can resolve every potential tension of one provision with another, tension the Constitution’s Framers left to be resolved another day; and another day after that, for our cases can give no answers that fit all conflicts, and no resolutions immune to rethinking when the significance of old facts may have changed in the changing world. These are reasons enough to show how egregiously it misses the point to think of judges in constitutional cases as just sitting there reading constitutional phrases fairly and looking at reported facts objectively to produce their judgments. Judges have to choose between the good things that the Constitution approves, and when they do, they have to choose, not on the basis of measurement, but of meaning.
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