Lack Of Judgment: Are Some Too Quick To Embrace John Roberts?
From his response to a questionnaire submitted to the Senate Judiciary Committee, it has been reported Supreme Court nominee John Roberts has pledged to honor established precedent if confirmed as a jurist to the nation’s highest court. While such posturing might be an elaborate rhetorical ploy to throw off the snarling liberal jackals off his trail, it does not bode well for the nation if such sentiments are actually an accurate summation of his legal philosophy.
In defense of his position, Judge Roberts continued, “Precedent plays an important role in promoting the stability of the legal system. A sound judicial philosophy should reflect recognition of the fact that the judge operates within a system of rules developed over the years by other judges...They do not have a commission to solve society’s problems...but simply to decide cases before them according to the rule of law.”
But what precedents are you going to abide by, Mr. Roberts? And if he lacks the courage to step out from behind the judicial shadow, should he be entrusted with a position that requires a backbone beneath the black robe?
While he is correct that it is not the role of judges to solve all of society’s problems, that pony has been out of the gate for quite a while now. One might be able to make an argument that it’s been all downhill since Marbury v. Madison.
When Judge Roberts pledges to uphold precedent, exactly where does his fealty to the rulings of his predecessors end? Should a case come before the Court in need of clarifying the extent of the case allowing municipal authorities to snatch private property on behalf of developers, will Roberts have enough manhood in his gavel to sweep away this appalling ruling or will he stand by the figure he has cut for himself as a wimp and obsequiously adhere to a decision simply because some other judge more confident about asserting themselves ethically handed down the decision whether or not the decision has anything to do with the Constitution as originally envisioned?
In other statements, Judge Roberts contends he has no opinion one way or the other regarding law that has already been decided. Perhaps he should be reminded that history does not look kindly upon men that hide behind skirts, even if the dress in question happens to be a judge’s robe.
Had Judge Roberts lived in other times, one wonders if he would have possessed the courage to break with decisions now considered to be infamous tragedies of American jurisprudence. At one time Dred Scott was precedent; at one time Separate But Equal was precedent. And in this time of war, anyone concerned about the abridgements of liberties that breakout in such turbulent periods such as the curtailment of speech and internment camps should be deeply concerned about any jurist so eager to enunciate a go-with-the-flow-go-along -to-get-along mentality.
Rulings such as Dred Scott or Plessy v. Ferguson were not right at the time they were handed down nor did they somehow magically become wrong with the passage of time. They were always wrong because they violated an eternal, transcendent standard and not because of their failure to conform to changing social sensibilities.
Francis Schaeffer observed in A Christian Manifesto of the contemporary judicial climate, “By sociological law we mean law that has no fixed base but law in which a group of people decides what is sociologically good for society at the given moment; and what they arbitrarily decide becomes law (41).” Thus it is from within such an intellectual framework that Judge Roberts is capable of claiming a fidelity to legal precedent while lending his legal expertise to the efforts to mainstream sodomy.
The standard in such a legal context is no longer so much right and wrong or good and evil as it is “stability” in Robert’s words or “peace and affluence” as Dr. Schaeffer use to warn. But if these are to serve as the highest legal ideals, would the slaves have ever been freed since the Antebellum world might have remained “stable” if it hadn’t been for those pesky abolitionists and those insisting upon their God given right to live free.
And this is ultimately the crux of the entire debate: do we see rights as coming from God or do we see rights as coming from the state? For if our rights come from God, they cannot be legitimately taken away from those living within His revealed standards since God is perfect, all knowing, and unchanging. But if we see our rights as coming from the state, they are dependent upon alterable conditions and the fluctuating whims of magistrates since government is flawed, dimwitted, and changeable.
Realizing this is the only way to overcome America’s crisis in jurisprudence. Although contemporary establishmentarian conservatives have an inkling something is out of whack, their proposed solutions will do little to halt the ongoing decline of this great Republic.
This disturbing shortcoming was particularly evident in a April 28, 2005 White House press conference when President Bush responded to a question about what he thought about comments by Tony Perkins of the Family Research Council that Democrats oppose Bush’s judicial nominees on religious grounds. The President responded he did not think his nominees were being opposed on religious grounds but as a matter of judicial philosophy. But where does the President think one’s judicial philosophy comes from exactly?
One is not going to want babykillers to assume the highest legal offices in the land if one truly loves God and strives to keep His commandments. Likewise, if one does not think God exists or merely does as some kind of celestial buffoon for human amusement smiling upon anything and everything that titillates our basest passions, one is going to do everything within one’s power to curb the influence of jurists not seeing such debaucheries as some kind of innate liberty or the effort to curb such an infringement upon those freedoms that are.
Throughout the course of his ministry analyzing Western culture in light of Biblical principles, Francis Schaeffer warned that a conservative Humanism is little better than a liberal Humanism. For whereas liberal ones seek to recast all of society in their own radical image, the conservative ones --- though not as abrupt with their agenda of cultural transformation --- are so sold out to the spirit of the age that they eventually come to endorse positions they would have considered scandalous just a short time ago. And where Justice Roberts decides to stand amidst this grand struggle will determine the future of America for decades to come.
Copyright 2005 by Frederick Meekins
Statue Of Nude, Pregnant Midget Defiles Trafalgar Square
Once upon a time, the British use to be renowned for their sense of propriety and decorum. Now it seems, however, they are letting it all hang out just like all the other nations of the decadent West.
Trafalgar Square is, to put it most simply, a square in central London commemorating the Battle of Trafalgar. Makes you wonder then why then they have decided to place a statue of a disabled, pregnant naked lady amidst this memorial to great military heroes.
One characteristic of all decaying nations is the rush to distance themselves from the values of their pasts. As such, the Mayor of London, terrorist sympathizer Ken Livingstone, has expressed a desire to have many of the statues of the historical greats taken down and replaced with those of personalities more relevant to the 21st century, this no doubt being a euphemism for the purposes of honoring perverts and deviants.
For yet another characteristic of declining cultures is an unseemly public obsession with the sexual and abnormal. The nude is being justified in part to serve as a balance to "triumphant male statuary" dominating the park, that classification providing a great deal of insight to the deviant creating the sculpture who at one time crafted a replica of his head made of 4.5 liters of his own frozen blood.
But if that was the only reason, why not make a statue of this lady with some cloths on? We are further told of the need of the statue by the model herself because, "There is so much prejudice around sexuality, disability, femininity and pregnancy..."
Maybe so, but shouldn't her naked beauty be something only for her husband to behold and relish? If anything, in light of so many pregnant women thrusting their bear bellies into plain view stretch marks and all (i.e. the Dove Soap hussies), a little more Victorian restraint might do us some good with more being left to the imagination once again.
Monuments such as Trafalgar Square commemorate noble deeds undertaken in honor of God and country. But had these men seen what the future was to hold, you are forced to stop and wonder if they would have even bothered in the first place.
Copyright 2005 by Frederick Meekins
Republican Senator Seeks Crown As King Of The Welfare Pimps
Republicans were able to gain power during the mid 90’s in part by promising to abolish welfare as we know it. However, as these reformers once motivated by the idealism of their convictions have grown accustomed to the perks of public office, they are no longer quite so eager to bring about the abolition of these programs as they are to expand entitlement programs to create whole new levels of dependency.
One of the surest ways to maintain one’s hold on power, to extend the scope of government, and to minimize criticism of one’s pet projects is to couch these in terms of defending some venerable institution. Environmentalists have so mastered the technique that now those daring to question this movement are characterized as being in favor of dirty water and bunny massacres.
As a nation founded upon Judeo-Christian principles, most Americans view marriage and family as one of the building blocks of a stable social order. Thus, those brave enough to question a proposal being introduced by Kansas Senator Sam Brownback will no doubt be cast as enemies of children and families. But the things these critics are really standing up for are just as important and perhaps even more fundamental values such as self-reliance and a sense of personal sobriety that one does not always get the things one wants especially if one is not patient enough to follow the proper steps in their own time to acquire them.
The plan promoted by Brownback would give low income residents of the District of Columbia Marriage and Pre-marriage Accounts where the government would match $3.00 for every dollar contributed by the account holder up to $4500. The theory is that encouraging marriage is good for children.
But if we are now considering dishing out what amounts to what could be rightly construed as a marriage subsidy, doesn’t this amount to yet another form of welfare? Furthermore, such handouts would do little to actually strengthen marriage since such funds would most likely go to those that don’t value marriage all that much to begin with.
This was evident with the couple profiled in a July 31, 2005 Washington Post story detailing the Brownback proposal. The couple chronicled has not yet gotten married because the couple is strapped for cash because he is unemployed and disabled with a back injury and to her it’s simply not enough to bask in the joy and pleasure of solemnizing the couple’s love before God and man as this woman already on a number of government assistance programs demands a storybook wedding.
Yet despite claiming to delay matrimony because of economic excuses, this has not stopped them from playing house by shacking up and having a baby on top of the fact she already has another child by another dude. Apparently the baby’s daddy isn’t too disabled; he might not be suffering so much from a bad back as he is a lazy rear-end.
This couple made their own decision to do things out of order after sitting in a tree, skipping the first comes love and then comes marriage stage going straight to the baby carriage. Frankly, why should the rest of us have to dig deeper into our pockets to buffer the consequences of their actions?
If couples such as this are not going to get married and (as most Americans possessed the moral courage to say in eras with a bit more class) “live in sin”, doesn’t it prove they do not value marriage to begin with? Why do some such as Senator Brownback insist throwing more public money at the problem is going to resolve the issue?
This is pretty much the approach that has been taken in regards to public education and look at the sorry state the public schools are in. Do we really want to endanger marriage further through additional government handouts and interference?
Those defending Marriage Saving Accounts insist that the “downtrodden” and “underprivileged” need public assistance in establishing their homes and families. However, according to the specifics of the proposal, beneficiaries can make up to $25,000 if they have no dependents and up to $50,000 if one has dependents and a total net worth of less than $10,000. Thus in plain language, what these programs do is reward those refusing to exercise a little self control or willingness to delay gratification by saving for a rainy day.
Why should others have to have what they have worked for taken and given to someone that could theoretically be making more than they do but lacks character so that the less frugal can enjoy many of the things those with the integrity to lead productive lives apart from the patronage of the state cannot afford and must delay acquiring until later down the road? Why shouldn’t the same be expected of the indolent and licentious?
It’s not like the highlighted couple is living on the streets. According to the Post, they have a roof over their heads. Since this is the case, their living arrangements are no concern of the government or even the church to much of a degree.
In the Washington, DC area where the average house is now pushing between $300,000 and $500,000, if subsidies were dished out to all of those unable to afford real estate prices, just about everybody would be suckling off the government teat.
Marriage and family are indeed a fundamental building block of a stable social order. However, these will falter unless composed of individuals that value these institutions more than any bribe to entice them into them and realize no one is responsible for their success and happiness other than themselves.
Copyright 2005 by Frederick Meekins