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A new post, finally, but not the one promised February 25, 2006

Posted by Administrator in Cultural Pessimism, Education, Politics.

I have walked through the valley of foolishness, brought to you by the following:

1) Dumb, and I mean STUPID choices on the part of some of my students, coupled with
2) The sudden illness of my boss, which left me carrying most of the boss's burden with respect to #1,
3) My own full time job, and then
4) A number of radio broadcasts, NONE of them in my hometown, resulting in almost 24 hours of driving over the course of two weeks, as well as almost 10 hours of actual radio work, resulting in a tired voice and a tremendous weariness with driving.

All of those things tie together in the post I originally intended to put up here. . .but it requires significant re-writing at this point. . .and because of 1-4, I am so SICK of the entire topic and everything related to it. . . .I just can't bring myself to do that re-write. Maybe I will. . .later. Much later.

Don't count on it.

In the meantime, there is the happy news from Pierre, South Dakota, as the intrepid South Dakotan legislature has effectively outlawed abortion as we know it in the home state of George McGovern. (Can you say "Dramatic Irony"?). Planned Parenthood, entrenched in their fortified clinic in Rapid City, on the defensive, providing the only "reproductive services in the entire state" (meaning they are the only ones killing innocent unborns in the state) is promising to sue the State for such an incursion upon "women's rights". Which is to be expected from them.

And the SD Legislature also knew that PP would sue. They want them to. So this little battle can be carried all the way to the Supreme Court.

Also as expected.

On the one hand, the SD Legislature is to be congratulated in showing the cojones to go after the entrenched -and now, on the run- abortion lobby. They are taking advantage of what they see is a sea change on the Supreme Court and forcing a showdown on Roe v. Wade. In some respects, at least in terms of providing for their own state interests, the Legislature is doing exactly what it needs to be; establishing law and fighting to maintain that law within the state.

But, I submit that in some ways, SD is misguided here. . .though for the life of me I don't see an alternative that could work, at least only for South Dakotans.

The reason I feel they are misguided is that in taking the battle to the courts, knowing beforehand that the battle will be taken there, the Legislature has given a de facto announcement that their legislative powers, as are all the legislative powers of the land, both State and Federal, are less than that of the Judiciary, particularly the Supreme Court. They are saying that when Roe v. Wade was handed down over 30 years ago, the Court was fully justified in handing down that ruling, stripping power from the states and from Congress. They say so because now that the Court's apparent political make-up has changed, the political rulings from the court will now favor the desires of the SD Legislature. Whereas previously, the political rulings of the court went against SD desires.

Note the term "political rulings". In so many cases, that is what the Supreme Court, and to a greater degree, the federal District courts as well, have been doing more and more these past 50 years. Writing law, rather than interpreting it. State legislatures no longer dictate law for state, the courts do. Congress doesn't write law, the Federal courts do.

And we sit by and say, "Okeydokey, fine with me."

If there is any one thing we as Americans ought to be outraged about, it is -in the words of Fr. Neuhaus- the Judicial Usurpation of Politics. And in playing the game with Planned Parenthood, South Dakota is giving its blessing to the courts' continued usurpation of political authority.

Politics, and the writing of law, has no business in the courts, it never has. Its primary place is in the elected bodies, Congress and the state Assemblies or Legislatures. To a somewhat lesser degree, politics also comes into play in the Executive Branch, the Presidency and all it controls. But it ought to be totally absent in the Judiciary. And it isn't. And this bold move by South Dakota only makes the problem worse. It encourages the whiny Democratic minority that the way to go in getting one's political way is not to appeal to the people directly, not to actually go out there and WIN ELECTIONS with appealing platforms, but instead to set oneself up as a Cultural Elite who Really Knows What Is Best for the people, even if they're too stupid to realize it, and essentially go whining to Mommy and Daddy Judge to get their way. Now in this case, they may well -and I hope they do- lose, but in dropping that loss on PP and its henchcritters, we are setting ourselves up for the end of democracy as formulated by Jefferson et al.

I could go on and on, but the bottom line as I sit here is this: As a pro-life advocate, I am thrilled by the Brave Boys and Girls of Pierre. As an amateur American historian, I am gravely concerned as the confusion of the Separation of Powers as designed by the Founding Fathers is only going to get worse, and further limit the ability of the people of the United States to govern itself. Less and less will we have law written by men and women accountable to us through the ballot box, and more and more will we be subjecting ourselves to the judicial whim and fiat of men and women who wield power beyond the reach of the ballot. At the end of that road is not democracy, or even republicanism, but instead a form of class tyranny.



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