Constitution Day Talk

On 9/17, there was a law school talk for Constitution Day. 
One interesting thing that I heard is that justices often avoid the constitutional question and just rule on statutory claims in order to practice judicial restraint. That is, the branch whose job it is to interpret the constitution tries to not interpret the constitution because they're afraid of being controversial. 
The constitution was established to be conservative (meaning resisting change) because conservatism leads to stability, which is good I the case of basic rights, but I guess I still haven't resolved the constitutional question for myself because it is opposed to democracy. That is, constitutions are very hard to change even if people democratically agree that they want to change it, which is particularly problematic given the way that some parts of the constitution have been interpreted (notably, how the 14th amendment is used to give corporations immunities against good regulations and to rule against affirmative action measures like in Concerned Parents v Seattle School District). But, given the current state of the world, I would probably rather a society with a constitution to one without.

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Experience Date: 
Tuesday, September 17, 2013