RULE BY DEFAULT | 2005-11-20
I remember a liberal senator being asked what a law that was being considered actually MEANT. He took the deep, exasperated breath Politically Correct people take when a person does not Understand How Things Are and said,
"We have something called The Supreme Court. THEY will decided exactlywhat the law means."
To quote Supreme Court Justice Felix Frankfurter, "To say that a law means what it says is PERNICIOUS oversimplification."
Constitutional Law is also referred to as "judge-made law." That is its official title. While conservatives talk endlessly about strict construction, none of them means a word of it. No conservative will EVER criticize the decision striking down all antimiscegenation laws in 1968, and the Cour openly threw all intent and any kind of construction at all out to get that one.
OPENLY.
So conservatives were stunned when Roe vs. Wade, which was far more based on original intent -- many states that ratified the Constitution had no antiabortion laws but ALL of them had antimiscegenation laws --was decided. "Where" they universally screamed, did THIS come from?
It came from YOU. You acquiesced or praised the 1968 decision.
The Constitution specifically outlaws judge made law. The first word of Article I of the United States Constitution is "ALL."
As in "ALL legislative powers are vested in the congress..."
But today all legislative power is going to the courts by default. In a multicultural, multiracial country law simply cannot be made by common consent. In a multicultural society society there is, BY DEFINITION, no common consent.
In a system as weighted down with checks and balances and separation of powers like ours, which was developed for a monoracial, monocultural country, nothing but a dictatorship can function. The only dictators who can function freely are the courts.
As the senator quoted at the outset of this piece stated, the courts will become more and more the sole lawmakers.
Until somebody takes power from THEM.
There is a point here that is so obvious that only Bob would notice it:
The courts did not TAKE power. They got power by DEFAULT. No one else can exercise it.
But rule by default NEVER lasts.
Kerensky took over Russia for a year to fill the vacuum left by the fall of the Tsar. The Weimar Republic ruled Germany to fill the vacuum left by the fall of the Kaiser.
Moussilini just mentioned in a speech that he would like to march on Rome and take power. He was so astonished by the reaction that he almost MISSED the March on Rome. This is real history. The default government was so weak that the march began without him.
In 1992 Ross Perot was actually leading in the polls for the presidency when he dropped out. He had just mentioned on Larry King that he would be willing to run for president and the movement exploded, to his astonishment, the way it did with Moussilini.
Nobody but me remembers that, and what it MEANT.
We are being governed by default. Whent he change comes, we who are doing the talking do not realize how close we are to a March on Rome by somebody.
As President Jackson demonstrated, the courts' fatal weakness is that they are not in DIRECT command of the armed forces.
In a monoracial monocultural society Jackson's telling the Supreme Court he would not enforce its decision has been largely a matter of historical detail. No one was surprised when the Republican platform of 1860 was based on the fact that the Party would not enforce the Dred Scot Decision.
In 1860 no one said the executive or legislative branches HAD to enforce Supreme Court decisions. But NO ONE would say that today.
Least of all respectable conservatives. The last one to say that was Barry Goldwater, and he backed down.
Now everybody looks first to the courts to decide ALL major matters of policy. The other branches of government openly act at the sufferance of the courts. The executive has no power that the courts do not grant it. The congress has no power unless the courts grant it. The states certainly have exactly the power the Federal courts allow them. "We the people of the United States" in referenda are routinely subject to court approval.
A call for a constitutional convention would have to be declared valid by the courts. Only a tiny oligarchy of lifetime appointees CAN make policy in a multiracial, multicultural society.
Today power is becoming less and less a matter of abstract discussion and more and more a matter of bareknuckled force. The facade is wearing thin.
And in the real world, nobody has power or money that someone else will not try to take away from them. Somebody forgot to tell those who things are settled that simple fact of life.
Someone who is not a respectable conservative, someone who sees America as a country ready to obey ANYBODY, will want that power and take it.
No, it won't call itself a dictatorship. And in the real world, ALL governments are oligarchies.
The racial coalitions will form, and it will not be a loud revolution.
They will simply tell the courgts to go to hell.
And the courts, just like the executive and the legislative branches and the states and the people have already done, will do just that.