The Constitution is what the judges say it is, every time.

Exceptions to the traditions of dumpy dignity and fake learnedness in law review writing are as rare as they are beautiful. Once in a while a Thomas Reed Powell gets away with an imaginary judicial opinion that gives a real twist to the lion's tail. Once in a while a Thurman Arnold forgets his footnotes as though to say that if people do not believe or understand him that is their worry and not his. But even such mild breaches of etiquette as these are tolerated gingerly and seldom, and are likely to be looked at a little askance by the writers' more pious brethren.

The Constitution is what the judges say it is, every time.

Long sentences, awkward constructions, and fuzzy-wuzzy words that seem to apologize for daring to venture an opinion are part of the price the law reviews pay for their precious dignity.

It is the lawyers who run our civilization for us -- our governments, our business, our private lives. Most legislators are lawyers; they make our laws. Most presidents, governors, commissioners, along with their advisers and brain-trusters are lawyers; they administer our laws. All the judges are lawyers; they interpret and enforce our laws. There is no separation of powers where the lawyers are concerned. There is only a concentration of all government power -- in the lawyers.

In tribal times, there were the medicine men. In the Middle Ages, there were the priests. Today, there are the lawyers. For every age, a group of bright boys, learned in their trades and jealous of their learning, who blend technical competence with plain and fancy hocus-pocus to make themselves masters of their fellow men. For every age, a pseudo-intellectual autocracy, guarding the tricks of the trade from the uninitiated, and running, after its own pattern, the civilization of its day.

There are two things wrong with almost all legal writing. One is its style. The other is its content.