Constitutional Law

The Golden Rule may at first seem too simplistic a platitude to apply to the interpretation of constitutional law. As precedent accumulates over time and interpretation fractures between the Framers’ intent and a living constitutional view, it’s easy to get lost in the weeds of legal debate.

At times, however, the Golden Rule can come to the rescue. When the law is being manipulated for its wording rather than its intent—especially to increase the power of one group over another—it is wise for a ruling Supreme Court to consider the consequences of its decision should the political balance of that Court, or of the other branches, be reversed in the future. This may seem obvious, but the temptations of immediate political reward are powerful, and the notion that shifts in political fortune occur over time often seems beyond the imagination of the actors of the moment.

The Golden Rule, as a foundation for ethical behavior, seems mathematically unassailable—yet it is too easily ignored, to the peril of political stability.