Monday, July 18, 2005

Guns and Babies: the Constitution and Reality

Did you ever wonder how it is that despite the fact that gun ownership in the United States is supposed to be sacrosanct due to the 2nd Amendment there are thousands of laws across this country encroaching upon and in many cases clearly violating this right? The Constitution protects this right to gun ownership so our Judicial Branch should have and should be striking down many of these unconstitutional laws. Meanwhile, every effort by the people and states to place limits on abortion are struck down, seemingly out of hand, by the Courts. While the right of gun ownership is a true law in the sense of being an amendment to the Constitution, the ‘right’ to abortion came from 7 men (may their names go down in infamy) who were accountable to no one. They created this ‘law’ based on previous court decisions (themselves pulled out of thin air) and a tortured reading of the 14th Amendment. Not being a constitutional scholar I’m sure I fail to understand the court’s transcendent reasoning. The penumbras and emanations they breathe into the Constitution are legion and we little people should remember our place. The ‘right’ to abortion is now considered the "law of the land" even though our constitution grants courts no authority to create law; only the legislature. Civics 101 – the Congress creates laws, the Executive enforces laws, and the Courts arbitrate disputes within these laws.

So our Courts have made up a right (to abortion) that is considered a law even though it was not passed by Congress - far from it. Congress has actually tried to repeal much of the content of the Courts' ‘law’ and the Courts do not allow it. The Judicial Branch has subsequently used their first abortion rights ruling/law as the foundation for a myriad of other similar rulings codifying this ‘right’ deep within the bowels of contemporary jurisprudence. How perverse is this from the standpoint of organizational integrity and the rule of law not even considering the moral aspects? The Courts have created a law they have no authority to create, then they deny the legislature, who do have the authority to create and change laws, from doing so. The duty of Congress in all this is to keep the Judiciary in line when they stray from constitutional mandates and Congress has failed to do so. Sadly a large portion of the Congress shares the Courts’ political ideology and is perfectly content to prostitute the rule of law to a common political cause. We are witnessing a charade that has next to no institutional opposition.

The one institution which could greatly affect an awareness and change in the unconstitutional status quo is not only not being an agent for reformation, it decries those (few) who are. The news media/press has a constitutionally protected right to freedom. Does not that freedom also contain a duty? The answer of course is yes but the press has been co-opted into a political entity whose interests coincide with the very un-constitutional governmental paradigm that it is intended to counter. They perceive their duty not as being a constraint on our Government’s overreach but in saying the Government doesn’t go far enough. The Gatekeeper has become the Doorman and Tyranny is our visitor.

Stories of citizens being convicted for violating gun control laws when the guns were used in defending their homes from criminals are not rare. Instead of this governmental malfeasance being decried it is enabled by the media. Likewise when a baby is pulled from her mother’s womb by the feet and a knife plunged into her head to kill her it is portrayed as a constitutionally protected right (enshrined by ‘law’) by this same press. The Courts have created this mess, the Congress has deliberately failed to stop it, and the Press has cheered.

The gun ownership/abortion contrast is but a vignette in a large parody being played out in America today. The post-modernists seem to have won; life is currently nothing but a construction of the elite; rights are theirs to grant and remove at a whim. The rest of us can only hope to not get in their way. Opposition to the status quo is out of the question by all the powerful institutions that could do so. As our libidos have been emancipated by the Sexual Revolution, so also has our morality and courage been castrated. The Romans were appeased by bread and circuses as their society collapsed and so are we.

Is it time for a second American Revolution to reinstitute the first? We shall see.


Sic semper tyrannis.

1 comment:

whs said...

The reference to the Romans is a particularly telling one. The end for the Roman Empire came, not through being overcome by superior numbers or technologies, but through interior decay. The more wealthy the Romans became, the more effete and indolent they became. They stopped doing their own farming and manufacturing and employed slaves and outside trade. In the end, they could not be bothered to serve in their own armies or see to their own defense, and employed outsiders to do their dirty work. The outsiders saw that they were the driving force within the decayed empire and simply took over.
Americans do not manufacture their own goods anymore. Well to do multigenerational Americans for the most part can not be bothered to serve in their own Military anymore, unless it is a high prestige position such as pilots. Americans have been content to give away their rights to keep and bear arms and cede their defense to Police forces because they don't have the stomach or the will to see to their own safety.
Those who fail to learn from the past are doomed to repeat it. Look down at your attire as you read this. Is it a toga?