Antonin Scalia, whose jurisprudence I rarely take as a model, used to say he wished he had a stamp that said “Stupid, but not unconstitutional.”
We’re allowed to make dumb laws under the supreme law of the land, just as we’re allowed to make dumb decisions within the bounds of the law.
As a matter of jurisprudence, that’s not such a stupid idea at all.
But, as a matter of culture, is “not unconstitutional” the right standard to set, expect, or accept?
We can’t outlaw stupid stuff. But we can vote for smarter politicians.
Today, as every day, we’re still on the hook.