Last week the Supreme Court created a new right, a new institution, a new Constitution and a new country. Apparently we, we, were asleep. It turns out that we are the unworthy servant, given a talent which we buried; while the other side is the more worthy, the good and faithful servant to its cause, and will receive its rich reward now, regardless of what is to come. Rather than be bold and resolute and fearless and energetic in our cause, we retreated into civility and adherence to rules and decorum, while they were brazen, fierce and successful.
Years ago for some reason in my disparate readings in history I came upon the tale of some Sheikh or Pasha or Emir who had purchased a pretty blue-eyed slaveboy and wished as was the custom to enjoy some sodomy. A Western traveler inquired of the potentate how such an insertion might be achieved, against a determinedly resistant sphincter. Steady pounding, was the reply -- no resolve is sufficient to resist constant pressure upon such a minor muscle, designed as it is to keep things in, not out. Test it for yourself.
I now believe it is inevitable that, given generational time, the Left will always prevail. Erosion is a law of nature. Attrition is the greatest general. Degeneration is the rule of civilizations. Entropy is universal.
Last week issued the irrefutable affirmation of the Supreme Court's supremacy, and of course at first as is my way I felt nothing. Profound stillness, as the Spirit upon the Deep. But I slipped the hold I have on myself and allowed emotion and judgment in, and concluded that this was truly the end of America, the end of American exceptionalism. We are now just another country. This fact brought only a dull depression, nothing profound, which surprised me. About a day later I realized that my timing was wrong. We stopped being America over forty years ago, with Roe v Wade.
Life is far more important than the institution of marriage. We allowed the Supreme Court to well and truly assert its supremacy with that power grab, that plunge into insanity, where life itself is defined as not meaningful, given a woman's right to privacy. As if life were not, above any other consideration, public. Ah well, no matter. How much less, the meaning of marriage than the meaning of life. And conservatives are polite and will never impose, the New Testament commandment to be bold notwithstanding. As it is the scorpion's nature to sting, it is ours to be silent and comply.
As I say, there is too much to say. How did this perversion creep into our system? It was inserted, like a penis, by John Marshall with his invention of Judicial Review, whereby the Court upon a merest majority may nullify any law. Which is a good idea, in principle, but it had the effect of making the smallest, least, most inconsequential branch of our Federal system into the most powerful. This is undeniably a profound perversion -- a check without a balance. What business had the court to say a law is unconstitutional? The job was to adjudicate cases under the law, not over it. If the court deemed a law unconstitutional, would not the proper recourse have been to refer the matter back to Congress? Breathtaking in its audacity.
Allow me to state the obvious: the Supreme Court is supreme only over our Judicial system. It is not supreme over the Constitution, nor the Legislative nor the Executive Branch. The President is the supreme Executive, and the two houses of Congress are the supreme Legislators. See how that works? No one else ever seems to have noticed this before. There are three Supremacies, the least of which is the Court. Andrew Jackson was a disaster and wrong about almost everything. He was right about the Court, in his putative statement, that the Court had made its decision, now let it enforce it. No government official takes the oath of office to support and uphold the Constitution as the Supreme Court asserts it to be -- rather, it is one's own conscience and intellect that must dictate conduct. This very easy fact is made somehow impossible to grasp.
Precedent and custom have made this essential to be nugatory. What remedy? A movement on our part for a constitutional amendment? -- to repudiate the specific of gay so-called marriage? -- or to forbid the Supreme Court from making law and inventing so-called rights? A hopeless cause. Can't unring a bell, in any case. The gays have invented a new thing, destroyed an old one. It hath made me mad. We shall have no more marriage.
But here's the thing. We cannot have judges dictating the course of our civilization. We can't have that. True, some three-fourths of the states had gay marriage, prior to the impositional diktat of the Supremes, but that was largely because state judges had struck down state bans on gay marriage. See how that worked? Now it's national. All from judges. So much for the fantasy of democracy. We were fools ever to use the word.
How then shall we rein in our overlords, this rampant hyper-minority, this quintumvirate, this gang of five? Well, simply, by each of the two now-subservient Branches of government, Executive and Legislative, asserting a right of Review over the Courts. See the symmetry of it? So elegant. Marshall invented the idea, and it was a good one. Laws need to be checked for Constitutionality, and the Supreme Court is the correct body to provide that balance. In the same way, the Court needs to be checked. The President checks Congress via his power of veto. Congress checks the Executive via its control of the budget (ahem, we must suppose it to be so). Where, where, where is the check on the Court? Mere nomination and consent is an initial step, but some of us remember how stealth-candidate Soutor came to the bench -- approved as a conservative and manifesting as a liberal. Initial steps alone are insufficient.
Impeachment is a theory, but it addresses wrongdoing, not incompetence or insanity. While a justice, John Rutledge tried several times in several rivers to drown himself -- he was "much deranged" and subject to "mad frolicks". Henry Baldwin was confined to an asylum in his third year with "incurable lunacy". He remained a member of the Supreme Court for another eleven years. Nathan Clifford was described by a fellow justice as "a babbling idiot" -- not an invective, but a diagnosis; he refused to resign and died on the court. Ward Hunt refused to resign because he wanted the penison -- he was paralyzed and could not speak; Congress voted him a pension to get him gone. Frank Murphy bought illegal drugs from his pusher twice daily.
Therefore, Congress must assert its power to nullify (a word fraught with history) odious decisions of the Court -- as, say, Dred Scott or Plessy v Ferguson. There was no recourse, no remedy for such perversions, save Civil War and civil disobedience unto martyrdom. There must be some more political answer, or we are a people not free but subservient. As indeed we are, but should not be. Likewise, the President must assert his ethical and sworn duty to uphold the Constitution as he understands it.
There are several means of amending the Constitution, but the only one that's succeeded is where two-thirds of both the House and the Senate agree to send a proposal to the state legislatures, three-fourths of which agree to make it law. A high standard. John Marshall did not adhere to such rigor, and I suggest and propose that no one else need do so. We need not amend the Constitution to curb the abuse.
Congress shall assert its duty, as an element of its legislative mandate, upon a quorum vote of two-thirds (or three-fourths) of both Houses, to reverse a decision of the Supreme Court which Congress deems to be obnoxious ... to a reasonable interpretation of the historical understanding blah blah blah.
Likewise, the President, as the chief law-enforcement officer of the land, has the positive duty to enforce laws enacted by Congress, and no duty to enforce laws enacted by Judges -- which in any event is an impossibility. Because of the deeply political nature of the office, the conduct of the President will be checked by popular opinion, party politics and imminent elections.
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Will this happen? Yes, because my blog is a National Power and I myself am a force to be reckoned with.
J
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