Archive for November, 2010

Judicial Activism as Original Sin

Saturday, November 13th, 2010

In recent months we have seen a flurry of federal court actions to block the people from having any say about the laws they must live under.  Delicately referred to as Judicial Activism, such actions are actually judicial tyrannies or acts of judicial lawlessness.  The courts are not legislatures, still less constitutional conventions, and cannot be permitted to just make up stuff and say it is in the Constitution.

  1. In 2009 the Iowa Supreme Court imposed gay marriage on the State.
  2. In July, on the day before it was to take effect, U.S. District Judge Susan Bolton issued an injunction against most provisions of Arizona’s SB 1070 which attempted to treat illegal immigration as illegal.
  3. In August, federal U.S. District Judge Vaughn Walker issued a risible decision overturning California’s Proposition 8 which limited marriage to, well, marriage.  Recall that Proposition 8 was itself a response of the people to a similar overreach on the part of the California Supreme Court.
  4. In October, U.S. District Judge (and apparently Supreme Ruler of the Universe) Virginia Phillips issued a universal global fatwa overturning the1993 federal law enacted by Congress and signed by President Clinton which held homosexuality to be “incompatible with military service.”  (Her ruling is stayed pending appeal.)
  5. The people of Oklahoma just voted 70-30 to prohibit the use of Sharia or international law in its court system.  Naturally, another federal judge issued a temporary restraining order to block this “Islamaphobic” will of the people.

Many people have noted how polarized and acrimonious our politics have become, but few have noted one major reason why this has happened.  When the U.S. Supreme Court decided to bypass the legislative process and just make abortion legal by pretending to “discover” a right to abortion in the U.S, Constitution, they set in motion a destructive process.  If our most important laws concerning the most gut wrenching and profound issues are to be settled by an unelected and un-removable “committee of nine lawyers,” then the focus of politics will shift to the process of appointing these man-gods.  This will drive the two parties, as we have seen, to being either 100% pro-life or 100% pro-abortion.  There can be no middle since any given Supreme Court nominee will either be confirmed for life or not.  Compromise is out and total political warfare is in.  The radicalized parties will then find it difficult to reach compromise on other issues as well.

Seemingly oblivious to this, the Supreme Court has doubled down in its Lawrence ruling, which found a right to sodomy in the Constitution, right next to the right to abortion and the right of local governments to take property from one private person and give it to another.

When Adam and Eve ate the forbidden fruit they made a fundamental transgression of God’s law-order.  This original sin had ramifications not just for them but for all succeeding generations and even for nature.  In a similar way, the practice of judicial activism, and its acceptance by the body politic, represents a fundamental breach of the whole constitutional order.  When judges act as judges, applying the law faithfully to individual cases, they should indeed be insulated from political passions and pressures.  But when they act as legislators, creating law out of thin air, they violate their oath of office and throw the whole system out of order.  If we fail to deal with this crime we stand to lose everything.

On a lighter note, the people of Iowa just dumped all three of the gay marriage judges who were up for confirmation, so maybe there is hope after all.


Election Commentary

Thursday, November 4th, 2010

A great day to be an American … unless you live in California.


First for America: Republicans landed in about as good of a position has they could hope for.  They have a House majority so they can throttle excess spending.  They are stronger in the Senate so they can filibuster anything without having to take the blame for running it.  Democrat control of the Senate makes it harder for Obama to successfully play victim to the mean Republicans in Congress.  Republican gains in the States give them the power to redraw Congressional districts before the next election.  The Republican split between Tea Party and establishment types seems manageable.  Leadership is aware that off year Congressional victories like this can boomerang and help Obama in 2012, so they are proceeding with appropriate caution.  The task for Republicans is to craft a unified message for 2012 and find a good Presidential nominee.  Democrats meanwhile may have a more serious left-center split in their own ranks.

 As for California, crazy leftist Democrats including Brown and Boxer made a clean sweep (the Attorney General’s race is yet to be determined).  Proposition 25 passed enabling Democrats to pass a budget and maybe raise taxes with a 51% vote in the Legislature.  So does that mean all businesses and taxpayers need to sell everything and flee the state?  Maybe.  Or maybe this is like the Obama Democrat national sweep in 2008 which set them up for the 2010 (and likely 2012) fall.  The $19 billion + budget hole is all the Democrat’s problem now.  A lot of it is due to out of control public employee pension expenses which Jerry Brown made possible the last time he was governor by allowing public employees to form unions.  So maybe it is poetic justice that he has to fix it now.  And the districts for 2012 will be de-gerrymandered by new Citizens Redistricting Commission.  So if the California economy continues to slide while the U.S. recovers, 2012 could be a political earthquake.  Of course this requires the state Republican Party to get its act together which has never happened before.

For the intellectually inclined, here is an interesting take on the election as the end of the era of rationalism.