And what I would say now is, yes, if a state enacted a law…
“And what I would say now is, yes, if a state enacted a law permitting flogging, it is immensely stupid, but it is not unconstitutional. A lot of stuff that's stupid is not unconstitutional.”
About This Quote
This interpretation was drafted with AI assistance. It is one reading of the quote, not the author's own explanation.
A law can be foolish yet still comply with constitutional limits; stupidity alone doesn't make a law invalid.
In simple terms: Stupid laws can be constitutional.
Key Takeaway
Judge laws by constitution, not common sense.
Themes
law
constitutionality
policy
judicial review
Mood
critical
analytical
Type
legal
judicial
When to use this quote
- legislative drafting
- court challenges
- public policy debates
Key Concepts
Legal reasoning
principle of constitutional supremacy
Questions to Reflect On
- Should courts strike down laws solely for being unreasonable?
- How to balance democratic lawmaking with constitutional safeguards?
A Different Perspective
Even if a law is absurd, courts must respect legislative authority unless it breaches the Constitution.