[Ed Current]

The Worst Constitutional Decision of All Time

"As noted before, the Supreme Court did not invent abortion. There might be plenty of abortion, perhaps authorized or permitted by state laws, even without Roe and Casey. Moreover, the Court is, arguably, not directly responsible for the wrong moral choices of individuals that the Court's decisions permit. Finally, the Court is not responsible - cannot be responsible, consistent with its constitutional role - for correcting all injustices, even grave ones. But the Court is responsible for the injustices that it inflicts on society that are not consistent with, but in fact betray, its constitutional responsibilities. To the extent that the Court has invalidated essentially all legal restriction of abortion, it has authorized private violence on a scale, and of a kind, that unavoidably evokes the memories of American slavery and of the Nazi Holocaust. And by cloaking that authorization in the forms of the law - in the name of the Supreme Law of the Land - the Court has taught the American people that such private violence is a right and, by clear implication, that it is alright. Go ahead. The Constitution is on your side. This is among your most cherished constitutional freedoms. Nobody ought to oppose you in your action. We have said so.

The decision in Casey, reaffirming Roe and itself reaffirmed and extended in Carhart, in my view exposes the Supreme Court, as currently constituted, as a lawless, rogue institution capable of the most monstrous of injustices in the name of law, with a smugness and arrogance worthy of the worst totalitarian dictatorships of all time. The Court, as it stands today, has, with its abortion decisions, forfeited its legal and moral legitimacy as an institution. It has forfeited its claimed authority to speak for the Constitution. It has forfeited its entitlement to have its decisions respected, and followed, by the other branches of government, by the states, and by the People. The enthusiasm of liberal intelligentsia for the Court's abortion decisions, the sycophancy of the law professorate, of the legal profession, and of our elected officials, and the docility of the American people with respect to our lawless, authoritarian Court rivals the pliancy of the most cowardly, servile peoples toward ruinous, brutal, anti-democratic regimes throughout world history. We suffer people to commit despicable acts of private violence and we welcome - some of us revere - a regime that destroys popular government for the sake of perverted, Orwellian notions of "liberty." After a twentieth century that saw some of the worst barbarisms and atrocities ever committed by humankind, at a time when humankind supposedly had progressed to more enlightened states, we still have not learned. The lesson of the Holocaust - "Never Forget" - is lost. We fail to recognize the amazing capacity of human beings to commit unthinkable, barbaric evil, and of others to tolerate it. We remember and are aghast at the atrocities of others, committed in the past, or in distant lands today. But we do not even recognize the similar atrocities that we ourselves commit, and tolerate, today."^{Michael Stokes Paulsen, The Worst Constitutional Decision of All Time, 78 Notre Dame L. Rev. 995, 1003-1007 (2003).}

"If the opinion of the Supreme Court covered the whole ground of this act, it ought not to control the coordinate authorities of this Government. The Congress, the Executive, and the Court must each for itself be guided by its own opinion of the Constitution. Each public officer who takes an oath to support the Constitution swears that he will support it as he understands it, and not as it is understood by others. It is as much the duty of the House of Representatives, of the Senate, and of the President to decide upon the constitutionality of any bill or resolution which may be presented to them for passage or approval as it is of the supreme judges when it may be brought before them for judicial decision. The opinion of the judges has no more authority over Congress than the opinion of Congress has over the judges, and on that point the President is independent of both. The authority of the Supreme Court must not, therefore, be permitted to control the Congress or the Executive when acting in their legislative capacities, but to have only such influence as the force of their reasoning may deserve." ^{The Avalon Project : President Jackson's Veto Message Regarding ...}

[Cedar]

This should give a clear picture of the topic:

http://abortionno.org/Resources/pictures_2.html

[NYer]

Schwarzenegger is to the Republican Party what John Kerry is the Democrats - a CINO,/b> Catholic In Name Only. Fortunately, as a foreigner, he can't run for the presidency. Let him wallow in the slime he has created in his 'adopted country and state'.

[little jeremiah]

Moral Absolutes Ping...

(Pingify me if you want on-off-or Back On this list!)

Haven't read it yet, didn't want to. AS makes me sick. So what if he has an R next to his name.

As far as I am concerned (AFAIAC), fiscal conservative/social liberals are no better than regular liberals. Their social liberalism requires a lot of money, so they'll turn into fiscal liberals after the dust clears anyway.

[Tailback]

Arnold is merely strengthening his support among Californians. Because California liberals read these things, they'll give him a chance. Meanwhile Arnold will continue to root out corruption on the Dem side and appoint conservative judges. Arnold is merely walking the tightrope that Gordon Smith does as a (R) senator from Oregon. Don't look at what they say, look at what they do.

[winker]

For SHAME FOR SHAME now a confirmed baby killer but we "ALL" knew that!

[winker]

OK! arnold time to come all the way out of the closet!

[winker]

Show us what you are really are BABEEEEE!

[cpforlife.org]

Arnold Schwarzenegger is an utter disgrace. He should be removed from office and thrown out of the GOP. His citizenship should be revoked and he should be deported. Kalifornia has more than 400,000 murders by abortion each year and the terminator wants more. Now he’s trying to start embryo farms in his land of fruits and nuts.

Schwarzenegger, you are a sick and twisted looser.

A thought from a recent past president of the
Federation of Americans waiting to be born:

"Abortion? I am all for it…
for “certain undesirable organizations”

"Abort N.O.W., NARAL, and Planned Parenthood!
Abort Roe v Wade and all politicians that allow the
MURDER of my unborn friends!"

"Life is Sacred from the moment of conception!"

Click here to read a press release from the current president of the
Federation of Americans waiting to be born.

Pro-Life PING

Please FreepMail me if you want on or off my Pro-Life Ping List.

[Lurking2Long]

L2L to Arnold...don't bother coming "back"...

[goldstategop]

Our party shouldn't go there. If Arnold, Christine & the Weak Sisters want to - let 'em. Conservatism is rooted in a belief the innocent (especially the unborn) have as much a right to life as well as to liberty and the pursuit of happiness. In fact, one can make a good case the latter two are meaningless unless you're in a position to enjoy them. So our pro-life stance is not inconsistent with the rest of our beliefs. As conservatives, we hold fast to the view one can only be free and happy when upon reflection, its a consequence of appreciation of The Creator's greatest gift - life.

[Dustbunny]

California Gov. Arnold Schwarzenegger

Is a RINO !!