We Must Meet The Challenge

The Concept Of Military Necessity Is Seductively Broad, And Has A Dangerous Plasticity. Because They Invariably Have The Visage Of Overriding Importance, There Is Always A Temptation To Invoke Security "necessities" To Justify An Encroachment Upon Civil Liberties. For That Reason, The Military-security Argument Must Be Approached With A Healthy Skepticism.

We Current Justices Read The Constitution In The Only Way That We Can: As 20th-century Americans.

If A Policeman Must Know The Constitution, Then Why Not A Planner?

There Can Be No Doubt That Our Nation Has Had A Long And Unfortunate History Of Sex Discrimination. Traditionally, Such Discrimination Was Rationalized By An Attitude Of "romantic Paternalism" Which, In Practical Effect, Put Women, Not On A Pedestal, But In A Cage.

More Fundamentally, However, The Answer To Petitioners' Objection Is That There Can Be No Impairment Of Executive Power, Whether On The State Or Federal Level, Where Actions Pursuant To That Power Are Impermissible Under The Constitution. Where There Is No Power, There Can Be No Impairment Of Power.