In the judgments which Judges pronounce, this is inevitable, that, having their minds full, not only of the cases before them, but of the principles involved in the cases which have been referred to, it very often happens that a Judge, in stating as much as is necessary to decide the case before him, does not express all that may be said upon the subject. That leaves the judgment open sometimes to misconstruction, and enables ingenious advocates, by taking out certain passages, to draw conclusions which the Judge never meant to be drawn from the words he used.
How a good meaningMay be corrupted by a misconstruction.thomas middleton
Of course, such judicial misconstruction theoretically can be cured by constitutional amendment. But the period of gestation of a constitutional amendment, or of any law reform, is reckoned in decades usually; in years, at least. And, after all, as the Court itself asserted in overruling the minimum-wage cases, it may not be the Constitution that was at fault.robert h. jackson
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