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There are people who oppose a federal Constitutional…

“There are people who oppose a federal Constitutional amendment because they think that the law of family should be made by the states. I can see a legitimate argument there. I think it's mistaken, however, because the federal government, through the decisions of life-tenured federal judges, has…” quote by Dallin H. Oaks
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“There are people who oppose a federal Constitutional amendment because they think that the law of family should be made by the states. I can see a legitimate argument there. I think it's mistaken, however, because the federal government, through the decisions of life-tenured federal judges, has already taken over that area.”

Dallin H. Oaks

About This Quote

This interpretation was drafted with AI assistance. It is one reading of the quote, not the author's own explanation.

Federal judges have effectively decided family law, making state‑level amendments redundant.

In simple terms: Judges already control family law.

Key Takeaway

Recognize judicial influence on family policy.

Themes

law federalism family policy

Mood

analytical critical

Type

political legal

When to use this quote

  • legislative reform
  • state advocacy
  • public policy debates

Key Concepts

constitutional law judicial review

Questions to Reflect On

  • Should family law be decided by judges or states?
  • What are the risks of centralizing family law?
A Different Perspective

Judicial decisions may not reflect public will.

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