by Paul Guequierre. This post is part of our 2014 Constitution Day symposium.
In terms of constitutional law, it might seem these days like we take two steps forward and then two steps back. Last year we saw significant victories for marriage equality in the Supreme Court opinions of Hollingsworth v. Perry and U.S. v. Windsor, but the day after the high court issued those opinions, it dealt a major blow to Voting Rights Act in Shelby County v. Holder. We have conservative activist judges and a conservative activist movement hell-bent on reframing the Constitution and what it stands for. Last week we celebrated Constitution Day, the 227th anniversary of the singing of the Constitution. And as we near the end of Constitution month, it’s worth taking a look back at what the Constitution means and where we are going.
Three years ago, legal scholars Geoffrey R. Stone and William P. Marshall wrote in an ACS Issue Brief titled “The Framers’ Constitution: Toward a Theory of Principled Constitutionalism,” that “The Framers of the American Constitution were visionaries. They designed our Constitution to endure. They sought not only to address the specific challenges facing the nation during their lifetimes, but to establish the foundational principles that would sustain and guide the nation into an always uncertain future.