Monday, July 6, 2015

The Law and the Supremes

Social glue underlying Western civilization is a belief that Law exists, a body of rules to point to righteous action, and to forbid sinful action.  And the law is the same for every citizen and cannot be changed to benefit the wealthy, the powerful, and the well connected.  Except for a few criminals, people obey the law because they believe in it.  Courts and judges exist to fit the law to the specific  case before them, and to clarify vague passages. 
   In America, the first chief justice of the Supreme Court, John Marshall in the famous case of Marbury vs Madison, decided that he and his court had the right to cancel Congressional laws if they contradicted the Constitution.  We let Marshall get away with this arrogation of power,  judicial review is NOT in the Constitution. 
   This session of the Supremes has seen the concept of judicial review expanded to the creation of nationwide gay marriage, and the rewriting of Obamacare to make it more palatable.  Nowhere in the Constitution does the word marriage even appear.  Changing the plain wording of a law is a new one.  Clearly the Supremes have demonstrated that the Law is merely what they (5 of them) say it is.  This is a big step down from Moses bringing stone tablets down from Sinai, just a few unelected lawyers can now engrave anything they like on the stone tablets.
    As voters, we ought to be looking for a president who will appoint better justices than the flakes we have now.
    The other thing we ought to do, is insist that all Supreme court rulings be unanimous.  Right now we have 5 to 4 decisions, where four of the nine top lawyers in the country write dissenting opinions calling their colleagues kooks.  We would have fewer outrageous decisions if we required all nine justices put their names to them. 
    We should also remember those disastrous Supreme Court decisions.  Dred Scott triggered the Civil War.  Plessy vs Ferguson was a disgrace that dishonored Jefferson's words "All men are created equal".   The Supremes have done some good over the years, but they have also done some bad.  To see them arrogating yet more power to themselves is scary.  

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