Posted on 07/08/2004 7:22:55 PM PDT by kirkrg
Archives Last modified Wednesday, June 30, 2004 11:01 PM PDT
Shrugging off judicial tyranny
By: RICHARD KIRK - For the North County Times
Massachusetts, a commonwealth now governed by judicial junta, has joined three Canadian provinces, Belgium, and the Netherlands in legalizing marriages between adults of the same sex. A mere four judges have ruled that a domestic innovation recognized by only a tiny fraction of Western countries must become law in the Republic of Hyannis Port.
The idea that citizens of the Bay State should have a say in defining the terms of a social institution that profoundly affects the most basic notions of human sexuality was not a thought that the elite quartet of magistrates found compelling. Obviously, in the opinion of these robed eminences, people lacking J.D.s don't have opinions worthy of consideration when it comes to determining the proper parameters for matrimony.
That this top-down imposition of elitist ideology may have staggering implications for families, child-rearing, and educational practice mattered not a whit to these blindered oracles of wisdom ---- driven as they were by the same impenetrable arrogance that has transformed America's universities into intolerant reeducation camps.
For minds molded in these insular institutions, democracy is a popular prejudice to be finessed by silver-tongued advocates who have transformed republican government into a "living Constitution" ---- i.e. putty in the hands of activist judges.
That merchants, business owners, housewives, laborers, and taxi drivers should contribute to the construction of social policy is a notion as foreign to intellectuals as that parents should have a significant voice in shaping their offspring's education. Left to their own devices, who knows what "the people" might decide?
Plebiscites in California and Hawaii provided judicial supremacists sufficient evidence that the matter before the court couldn't be left in the hands of flag-waving rubes. If voters in two of the union's most liberal states rejected sex-blind marital reasoning, that was proof enough that even citizens in the McGovern state couldn't be trusted to vote "un-straight" on this issue.
Sociocrats-in-black, they ruled, must take upon themselves the task of shaping mores in the direction decreed by professors who never met a Marxist dictatorship they didn't like. The philosopher-kings of post-modernity must replace drooling consumers who are content to buy lottery tickets, watch "Law and Order" reruns, and live off a panoply of entitlements.
Justices throughout the country are now eager to seize the role abdicated by Americans who swallow the legal fiction that courts are supreme. Historically, however, the non-tyrannical balance achieved by the separation of powers doctrine has rested on the unwillingness of executives and legislatures to genuflect before judicial usurpations.
Unless Americans begin to appreciate this fact and to demand that their representatives (like Jefferson, Jackson, and even FDR) act on it, they can bid farewell not only to "Frasier" and "Friends" but also to meaningful self-government.
Richard Kirk is a freelance writer who lives in Oceanside. E-mail him at kirkrg@nctimes.net.
Even FDR, who tried to stack the SCOTUS?
I was with you, til you mentioned FDR.
I don't know what's more disgusting; the left's cunning use of the most unnaccountable branch of govt to impose their unpopular social views on the entire country against the wishes of the people, or the inability of the Right/Conservatives/GOP to stop them.
FMCDH(BITS)
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