Appeasing Statism: John Roberts abandons Constitution, Court, and Conservatives.
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In fact, one of the more publicized examples of the rise of what Mark Levin calls “Post-Constitutional” America has already materialized. That would be the Obama-run Department of Health and Human Services demanding the Catholic Church give up its religious liberty to satisfy government regulators. This has, of course, resulted in the Church suing the government in a defiant effort to stand-up for what it correctly believes is an attempt by the Obama administration to restrict religious liberty.
Yet, very disturbingly, the assault on religious liberty is only one battle in the much larger long-running war between Statism and the Constitution. With Supreme Court Justices, federal judges, presidents, and legislators all getting into the Statism act.
In fact, the decision made by Chief Justice Roberts to appease the Statists by devising a convoluted interpretation of the taxing power is reminiscent of the legal gyrations used by Chief Justice Roger Taney in the 1857 Dred Scott decision. As former Reagan Supreme Court nominee Judge Robert Bork reminds in The Tempting of America: The Political Seduction of the Law, Taney, a slaveholder himself, sought “to prove that the right of property in slaves was guaranteed by the Constitution.” Bork explains in detail that in fact slave ownership was never a Constitutional right and in fact “is nowhere to be found in the Constitution.”
Writes Bork of Taney’s obsessive insistence that slave holding was a constitutional right:
He knew it because he was passionately convinced that it [the right to own slaves] must be a constitutional right.
Bork labels Taney’s obsession-driven legal reasoning a “momentous sham.”
A momentous sham.
A sentiment clearly not all that far removed in the dissent from Roberts’ Obamacare obsession, which Justices Scalia, Kennedy, Thomas and Alito memorably labeled as carrying “verbal wizardry too far, deep into the land of the sophists.”
The conservative dissenting Justices on Obamacare remind, in fact, of a Dred Scott dissenter, Justice Benjamin Curtis.
Take a look here at these two sentences from a July 2 Wall Street Journal editorial on Chief Justice Roberts. Said the WSJ (bold emphasis mine):
Now that we’ve had more time to take in Chief Justice Roberts’s reasoning, we have a better summary: politician. In fact, his 5-4 ruling validating the constitutional arguments against purchase mandates and 5-4 ruling endorsing them as taxes is far more dangerous, and far more political, even than it first appeared last week.
And all the way back in 1857, 155 years ago, in one of the worst Supreme Court decisions in American history that forever tarnished Chief Justice Taney’s reputation, was this from the dissenting Justice Curtis (again, the bold emphasis mine):
To allow this [inserting a right to slavery] to be done with the Constitution, upon reasons purely political, renders its judicial interpretation impossible — because judicial tribunals, as such, cannot decide upon political considerations…. They [political considerations] are different in different men. They are different in different men at different times. And when a strict interpretation of the Constitution, according to the fixed rules which govern the interpretation of laws, is abandoned, and the theoretical opinions of individuals are allowed to control its meaning, we no longer have a Constitution; we are under the government of individual men, who for the time being have power to declare what the Constitution is, according to their own views of what it ought to mean.
The drive now, as it has been since at least Taney’s time, is to find some way to introduce the Constitutional termites to do the political bidding of Statists. To eat away at the Constitutional liberty and freedoms guaranteed in the Constitution and declared forthrightly in the Declaration of Independence — all in the name of some Statist political whim of the moment.
For Taney and his fellow progressive Democrats on the Court it was all about judging by race (as it is still with liberals today), specifically writing into the Constitution a right to remove the freedom of blacks.
A man of faith in a godless age is hitting Americans where it hurts.
Mr. and Mrs. American Spectator Reader, let P.J. O’Rourke talk sense to your kids.
In Britain, defending your property can get you life.
The debacle of this president’s administration is both a cause and a symptom of the decline of American values. Unless Congress impeaches him, that decline will go on unchecked. An eminent jurist surveys the damage and assesses the chances for the recovery of our culture.
It won’t take long for conservatives to scratch this presidential wannabe off their 2008 scorecard.
The American Christmas, like the songs that celebrate it, makes room for everybody under the rainbow. Is that why so many people seem to be hostile to it?
Was the President done in by the economy, or by the politics of the economy?