Friday, June 26, 2015

Supremes Ruling on Gay Marriage: Justice Scalia's Dissent

Justice Scalia, writing for the minority in the Gay Marriage issue before the Supreme Court, skewered the majority justices for their frivolous, anti-constitutional decision.  Powerline has some salient quotes from that dissent, such as:
Today’s decree says that my Ruler, and the Ruler of 320 million Americans coast-to-coast, is a majority of the nine lawyers on the Supreme Court. The opinion in these cases is the furthest extension in fact— and the furthest extension one can even imagine—of the Court’s claimed power to create “liberties” that the Constitution and its Amendments neglect to mention. This practice of constitutional revision by an unelected committee of nine, always accompanied (as it is today) by extravagant praise of liberty, robs the People of the most important liberty they asserted in the Declaration of Independence and won in the Revolution of 1776: the freedom to govern themselves.
Scalia discusses the superficiality of the decision thus:
If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: “The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,” I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.
Scalia's right.  Thanks to progressivism, leftism, and political correctness, we have lost our ability to govern ourselves.  Thanks to the increasinlgy superficiality of our culture, we have lost the ability to care.

Read Powerline's extracts of the dissent here.


Mike said...

Donald Douglas and all the other Lincoln idolators must be ecstatic over the imposition of same-sex marriage on all 50 States. Once again, the 14th Amendment the Radical Republicans shoved down our throats has been used to override the will of the people of the once-sovereign States -- all in the name of equality.

Rick Darby said...

It's been building up for a long time, and now it's unmistakably here: the Republic is dead. Politically appointed justices now rule and there is no legal appeal. The "Constitution" is whatever they say it is. Add a Marxist, anti-white president to the mix and get ready for what will follow.

The usurpation of power started a long time ago when Chief Justice John Marshall proclaimed the Supreme Court's power to nullify laws. He should have been impeached and tried for treason, but even in the country's young days nobody seemed to foresee the ultimate judicial tyranny. Only Andrew Jackson had the guts to say of Marshall in another context, "He has made his decision; now let him enforce it." (If only we had a president, or even candidate, to deliver an equivalent challenge today!) Not surprisingly, the Left now wants to remove Jackson's picture from U.S. currency.

From the ability to declare duly passed legislation unconstitutional, the court has aggrandized its power to the point where it makes law binding on all states. If, that is, they put up with it. I'm afraid they will as long as they continue to get their federal aid money and can keep their sports teams and cable TV.

Stogie Chomper said...

Rick, your analyses are always spot on. I agree, we need someone -- a governor or a state, or a region, to refuse to obey the Supreme Court's extra-constitutional edicts. Massive civil disobedience is required.

Stogie Chomper said...

Donald Douglas has revealed himself to be something of a Yankee fanatic. His anger, I think, derives from seeing his sacred myths crushed under the unforgiving boot of historical truth.

DonaldDouglas said...

What historical truth, Stogie? I've blown your truth out of the water.

Mike said...

The most encouraging statement I've seen is from South Carolina Attorney General Wilson:

Stogie Chomper said...

The only thing you've blown, Donald, is hot air. Well, except for our debate. You blew that too.

DonaldDouglas said...

Sorry you're taking this so hard, Stogie.

New iteration is here: "Jefferson Davis, President of the Confederacy, Honored with Hundreds of Miles of Roads in Former Secessionist States":