Adam’s Blog

That’s my thing, keepin’ the faith, baby. –Joe Friday

Pick Your Poison

Posted by Adam Graham on February 27, 2004

California Attorney General Bill Lockyer has done nothing to stop San Francisco from performing illegal same sex marriages and by some news accounts, Lockyer is even complicit in the ceremonies

The contrast between him and Alabama Attorney General Bill Pryor who supported the display of the Ten Commandments but still fought to have Judge Roy Moore removed is telling. It paints a picture of two parties playing by two separate sets of rules.

Judicial Tyranny of the Left

Conservatives believe in the rule of law. And for many conservatives this means the rule of judges. Liberal judges make up rules as they go along, yet conservatives are expected to abide by the rules that have been made up.

Most have continued to do this through 31 years of the slaughter of the innocent unborn children. Now, we’re going to be asked to do this when the Supreme Court rules gays have an equal right before the law to be married.

Essentially, most Conservative leaders will ask us to accept the destruction of our culture because a court ordered us to. Judges who serve for a lifetime will issue more and more absurd rulings, sending our country further down the path of cultural degredation.

As long as Conservatives continue to treat every word out of a judge’s mouth as “the law,” leftist unelected judges will continue to show unfettered hubris in ruling the affairs of every day Americans.

The judiciary will manage to morally and culturally bankrupt our country, just as the legislative and executive branches are financially bankrupting it.

Anarchy

The alternative to blindly following the orders of judges is outright disobedience on the part of elected officials. A famous example is Andrew Jackson’s response to a ruling by John Marshall’s supreme court. He said that Marshall could enforce his own order.

The most recent examples of defying a court order have both involved Judge Roy Moore. Both were high stakes games of Chicken. With Fob James as Governor of Alabama, it went something like this:

Federal Judge: The Commandments must go.

Fob James: I’ll call in the National Guard to protect the commandments.

Liberals lose, Fob James/Roy Moore win. This time Moore took on Judge Myron Thompson with Bob Riley, the State Supreme Court, and then-Attorney General Bill Pryor on the sidelines.

Thompson: Remove the commandments.

Moore: Never.

Thompson: If you don’t, I’ll fine Alabama $5,000 a day.

State Political Establishment: Would you like Moore’s head on a gold or silver charger?

Moore lost because the rest of the state political establishment caved in. However, as leaders are pushed further to the point of desperation, it’s easy to imagine that similar judicial hijinks might have a different response such as a refusal to pay. Then the President might threaten to call up the National Guard to enforce the court order. The Governor could respond with an order for his national guardsmen to fight against enforcement of the court order. The National Guard would have two sets of orders: one from the President and one from the Governor and there would be a question of who to obey.

If the Guardsmen for the most part obeyed the Governor, the President would have to choose whether to use regular troops to enforce the court order. If the President was to do this, the question would then be whether the Guard would fight the regular troops. If so, we’d be in the midst of Civil War.

Secession and Civil War are escalated forms of civil disobedience. It took a decade of civil disobedience for America to revolt in the 18th century and the culture war has been brewing far longer. What has kept this nation back from disunion has been that the high cost of the first war is something that Americans are made aware of from school age and secession is never an option that people want to consider.

Some fools welcome secession, and even dream of it. A Civil War would cripple winner and loser alike. Economic suffering would be widespread throughout the countries that emerged. The right to secession once established would lead to further fragmentation of the country. One could imagine twenty different little nations emerging out of a post-Civil War era. Each would be too weak to defend its liberty.

In the long run, liberty will be lost regardless. Why? The problem with America may lie more in California or Washington, DC then in Texas or Utah, but the problem is there too. The seed of corruption is firmly planted throughout the country and secession would only buy time, not save the nation.

The Road No One Wants To Take

Politicians for forty years have, for the most part, taken the path of least resistance on cultural issues. If they don’t need it to win election, they don’t bother. However, they’re going to be forced to confront these issues head on sooner or later, as the nation moves on twin tracks towards judicial oligarchy and secessionist anarchy.

The best way to do this is by using the powers given congress under Article III, Section II of the Constitution which gives Congress the right to limit the jurisdiction of the Supreme Court. Restraining the court’s role in the cultural war is an idea that’s been kicked around for a good 20 years, going back to at least to Bob Dornan’s 1970s book, “Judicial Supremacy.”

Why does it never get done? I think the big reason is that congress is afraid of a Constitutional crisis. What happens if the Supreme Court overturns the congress’ rule as unconstitutional?

It would be a monumental crisis that neither side would really know how to resolve. Congress would have used their constitutional authority and the Supreme Court would have denied that authority. If Congress persisted, who would be in violation of the rule of law?

It would be a thorny issue and a judiciary that has claimed absolute power would certainly be reluctant to give it up. In addition, national groups like the American Center for Law and Justice depend on being able to take cases of religious discrimination in the public square to the federal courts and would encounter new difficulties if all of these matters had to go to State Courts where they may or may not have lawyers who’ve been admitted to the bar.

However, while I appreciate the difficult legal issues as well as the inconvenience to conservative legal groups, I believe that an invocation of Article III, Section II as relates to abortion, religion in the public sphere, and homosexual marriage is the only hope to avoid the horrors that await us if we fail to act.

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