In a constitutional democracy the moral content of law must be given by the morality of the framer or legislator, never by the morality of the judge.
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It is essential to democracy that the elected representatives of the people make the laws that govern this country - and not the judges.
Constitutional government, as designed by the framers, will survive only with a righteous people.
Morality may consist solely in the courage of making a choice.
States are not moral agents, people are, and can impose moral standards on powerful institutions.
One might rationally argue that individual human beings should be free choose what moral behavior they approve of, and which they don't, subject to the constraints of the law.
The very idea of the law in a constitutional republic involves the requisite that it be a rule, a guide, uniform, fixed and equal, for all, till changed by the same high political power which made it. This is what entitles it to its sovereign weight.
The Framers of the Constitution wisely understood that constitutional principles must not be sacrificed on the altar of political appeasement.
The ultimate relationship between justice and law will be an eternal subject for speculation and analysis. But it may be said that in a democratic society, law is the form which free men give to justice.
Moral authority is never retained by any attempt to hold on to it. It comes without seeking and is retained without effort.
A constitutional democracy is in serious trouble if its citizenry does not have a certain degree of education and civic virtue.
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