While reading Justice Kagan's story about the three law clerks I recalled the scene in the film Gettysburg in which General George Pickett - he of Pickett's Charge - is explaining to an English officer that the entire issue of secession resembles a gentlemen's club where some of the gentlemen decided to resign their memberships and others said that they are not permitted to resign.
It is a charming image until you reflect upon the fact that a nation is not a gentlemen's club and that no nation could long exist where if portions were permitted to leave whenever they choose.
Some analogies obscure more than they enlighten.
If there is a problem in the wording of a federal law, the law should go back to Congress for possible amendments. Chief Justice Roberts once noted that elections have consequences. The poor drafting of legislation should also have consequences.
2 comments:
Course, the US seceding from the British Empire was a natural right.
And Texas from Mexico.
Thanks for the perspective.
Quick reaction: I don't equate George III with Abe Lincoln.
Michael
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