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Friday, August 22, 2003

How To Fight The Culture War-Part I-Judge Roy Moore, Lawless West of the Pecos-The rest of the Alabama Supreme Court has gone against him, but Moore's still fighting for his Ten Commandments monument. I heard this quote on the radio this morning
If the `rule of law' means to do everything a judge tells you to do, we would still have slavery in this country
On that basis, he's equating the removal of the monument to Dred Scott. How did we get rid of slavery? In Delaware, Kentucky, Maryland and Missouri, it was done by the 14th 13th Amendment. In the rest of the South, it was done by the Civil War. Nigel Ray commented on one of my earlier posts
The citizenship ceremony includes an oath to protect the constitution against all enemies, domestic and foreign. Seems to me the Constitution trumps the courts. If the First Amendment were vague it would be one thing, but it is clear as crystal.
If we are to defend the Constitution, how then do we overthrow a regime that is misapplying it? I don't think anarchy is the answer. To be effective as a political tool, civil disobedience needs to shame the establishment into changing its views. I don't think Judge Moore's stunt is going to change Sandra Day O'Connor's mind on the issue. Changing the courts through conventional political means will be a long-term project. It will take at least two, and likely three, conservative nominees to the Supreme Court before a more traditional view of church-state issues takes over. That will likely take well into the next decade to effect. Shall we wait eight, ten years for Stevens and O'Connor to retire and count on conservative presidents to nominate conservative justices and conservative-friendly Senates to confirm them? If not, we'll need to overhaul our entire political system. Will this require violence? Should we issue a fatwa on the six center-left infidels so that Bush can appoint conservative replacements? If not, how do you overhaul the judicial system right away peacefully? What about expanding the Supreme Court to 15 (a nine-member Supreme Court's not a requirement), adding six conservative justices to pack the bench with good guys? That will assume that we can get those conservative justices through the Senate. However, that creates a lousy precedent; FDR toyed with that idea when he kept getting New Deal stuff blocked as unconstitutional. Will it take a Constitutional Convention? Do we need to start from scratch, or pass amendments to correct the problems? If so, what do we want the new amendments to be? These questions aren't going to be solved by dragging Judge Moore and his backers away from the courthouse in handcuffs. We need to have a serious discussion about how to stop the Brightization of our judicial system and our culture. Civil war may be the answer. Hard political efforts may be the answer. Political street theater isn't the answer.

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