What is the Constitution for? And the courts of law?
It's a good question, and I doubt if anyone has a firm answer.
We can see, however, that the Constitution is still a bloody miracle, and its Electoral College a proof of God's existence. Why? Because the Electoral College is an immensely cunning institution that forces presidential candidates to campaign in the tossup states. So, to win the election you have to put together a coalition of states. And remember this here is the United STATES of America.
The courts of law, I would argue, are for the discovery of issues. Every suit at law is a mess of dashed expectations, and it is the job of the lawyers and judges to try and clear away the brushwood and figure out how to limit the damage.
But our modern elite has decided to use the Constitution and the courts to legislate issues that could not pass in the legislature. It's not surprising. The Founders called the judicial branch of government the aristocratic branch. There's a natural temptation among the best people to push their agenda through the courts because they have the inside track on smart people that have a way with words.
The problem is that judicial decisions aren't really dispositive. Here's an issue that is dispositive. Back in the 1980s, with the rise of the religious right, the religious right in Washington State put up a couple of Initiatives to limit abortion. The Initiatives failed to pass. So abortion is not an issue in Washington State, because the people have spoken.
The problem with Roe v. Wadeισ is that the people have not spoken. Abortion, if you ask me, should be decided in the legislature, not in the courts. See, one thing about legislation is that in order to pass it you have to put together a coalition of interests, and you have to negotiate with all the interests before you cobble together the ugly thing we call a compromise.
Right now, with Roe v. Wade, we have an abortion law that suits the well-born white women that need to control their baby-making so it doesn't interfere with their careers. For lower class women it is different.
And that is a microcosm of life today in the good old USA. The left is all about implementing its version of the good life, and feeling good about advocating for victims. The middle class is just trying to live its life of following the rules, going to work, obeying the law and wiving and thriving.
And right now the middle class thinks it don't get no respect.
The problem is that the middle class has not really had a say in a bunch of things because they have been decided in the courts, the aristocratic branch of government, rather than in the legislature, the democratic branch of government.
And the ruling class of the better educated and their clients among the traditionally marginalized are terrified that if they lose control of the courts then their whole world view comes crashing down: abortion, gay marriage, diversity and inclusion, government-worker pensions.
Hey, ruling class. Maybe it wasn't so smart of you to found your house upon the shifting sands of the courts rather than the rock of the legislature.
It's a good question, and I doubt if anyone has a firm answer.
We can see, however, that the Constitution is still a bloody miracle, and its Electoral College a proof of God's existence. Why? Because the Electoral College is an immensely cunning institution that forces presidential candidates to campaign in the tossup states. So, to win the election you have to put together a coalition of states. And remember this here is the United STATES of America.
The courts of law, I would argue, are for the discovery of issues. Every suit at law is a mess of dashed expectations, and it is the job of the lawyers and judges to try and clear away the brushwood and figure out how to limit the damage.
But our modern elite has decided to use the Constitution and the courts to legislate issues that could not pass in the legislature. It's not surprising. The Founders called the judicial branch of government the aristocratic branch. There's a natural temptation among the best people to push their agenda through the courts because they have the inside track on smart people that have a way with words.
The problem is that judicial decisions aren't really dispositive. Here's an issue that is dispositive. Back in the 1980s, with the rise of the religious right, the religious right in Washington State put up a couple of Initiatives to limit abortion. The Initiatives failed to pass. So abortion is not an issue in Washington State, because the people have spoken.
The problem with Roe v. Wadeισ is that the people have not spoken. Abortion, if you ask me, should be decided in the legislature, not in the courts. See, one thing about legislation is that in order to pass it you have to put together a coalition of interests, and you have to negotiate with all the interests before you cobble together the ugly thing we call a compromise.
Right now, with Roe v. Wade, we have an abortion law that suits the well-born white women that need to control their baby-making so it doesn't interfere with their careers. For lower class women it is different.
Often, the decision to terminate a pregnancy is encouraged by the “sperm donor” who threatens abandonment when faced with the responsibilities of child rearing. The patient is often subjected to family pressure... [to] "make others happy".What current abortion law does not do it suit the tastes and morals of ordinary middle-class women for whom family and children are the meaning of life. Notice the difference between classes. For the well-born the issue is fitting child-bearing in with all the other things in a rich and blended life. For the lower class it is about deferring to other peoples' needs.
And that is a microcosm of life today in the good old USA. The left is all about implementing its version of the good life, and feeling good about advocating for victims. The middle class is just trying to live its life of following the rules, going to work, obeying the law and wiving and thriving.
And right now the middle class thinks it don't get no respect.
The problem is that the middle class has not really had a say in a bunch of things because they have been decided in the courts, the aristocratic branch of government, rather than in the legislature, the democratic branch of government.
And the ruling class of the better educated and their clients among the traditionally marginalized are terrified that if they lose control of the courts then their whole world view comes crashing down: abortion, gay marriage, diversity and inclusion, government-worker pensions.
Hey, ruling class. Maybe it wasn't so smart of you to found your house upon the shifting sands of the courts rather than the rock of the legislature.
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