Posted on 07/07/2003 7:32:56 PM PDT by asmith92008
To hear my fellow conservatives talk, the end of the recent Supreme Court term is the first chapter of the end of Western civilization. After all, the Court did decide to walk away from the ideal of equal protection. At the same time, the Court said that one of the few areas of morality that Christians, Jews and Muslims could agree couldn’t be the basis for laws. Conservatives have screamed at the death of democracy, that an unaccountable Council of Nine now reigns supreme. Of course, there is nothing we can do but scream. Even presidential candidate Richard quickly backed away from talk of undoing the “wrong things” the Court does, ironically after the Court did some very wrong things. When you can’t beat them, join them. I say we take the Court’s rulings to their natural conclusion – and I’m not talking about planning Barney Frank’s nuptials. Let’s look at the ammunition the Court has given conservatives. First, the affirmative action decisions. The Court said that diversity trumps the Equal Protection Clause. Of course, the case at hand dealt with the school environment, but why should this valuable diversity be denied to all aspects of life? Clearly, there is room to expand on the Michigan race cases. Then there is the Texas sodomy case. Here, the Court uttered the sentiment that the state cannot treat discreet classes of citizens differently merely based on a sense of moral necessity. While a majority of the citizenry may reject homosexual sodomy – as indicated by the Texas legislature’s refusal to repeal the statute – the state cannot enforce the will of the people. Thus, sodomy ranks right up there with a free press. Where do conservatives go from here? If diversity and the equality of all groups before the law is the new law of the land, despite being found anywhere in the supreme law of the land, let’s take it to liberals. First up, the progressive tax. Now, no one can deny that this system treats different people by different rules. Of course, liberals will point at their disgust that some people actually get rewarded for working harder than others. People who work should get at least the same consideration as homosexual sodomy. Further, by hampering economic growth, the “progressive tax” creates a minority of those with wealth. There are people who can live their entire lives with out seeing a wealthy person. There are children who go through school without hearing the wealthy point of view. What kind of diversity is this? Nothing in the Constitution requires a “progressive tax” – and even if it did, the Supreme Court has never let such trifles stand in its way. Clearly, the compelling state interest of diversity requires we eliminate barriers to wealth creation. Yet another area where diversity has failed is in the area of corporate crime. As many a defender of Jayson Blair has pointed out, the major corporate criminals are white. Martha Stewart might be a nod to feminists, but where are the felons of color? Surely, we must begin thorough investigations of Jesse Jackson’s questionable taxes. Perhaps Henry Cisneros could finally be indicted and brought to trial, as an acknowledgment of the growing importance of Hispanics. The important thing is that Sam Waksal should not be deprived of a diverse cellblock. Folks, this is simply the beginning. Without the pesky restraints of the written Constitution – how passé is that? – we have entered a brave new world. Let’s have some fun.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.