Tales of Tadeusz

Tuesday, April 05, 2005

Response to the Moderate Voice

I like this blog, but I'm not entirely on board.

I just don't know.
I do disagree with your statement that "activist" means disagreeing with your own side. Activist means not respecting teh Constitution and the role Judges are to play in the structure. Yes, this is a two-edged sword, but I'm not sure that it bites the Right in the TS case.
Considering the recent murders of judges, it does not seem a good time to be making such a statement as the Representative made.
However, lets ask a fundamental question. What is the reason for the Second Amendment? To me, it is the final resort of the people when the government's tyranny grows too great, and it is a check on this tyranny getting too that point.
This is a fundamental and I believe necessary point of tension in our rule of law bound republic. At one level, we are not bound by anything but Primal Law. I believe one advantage of this is that it helps prevent excessive gaming of the system (which will happen in any system).
But of course, the question is of appropriateness. In Stalinist Russia killing local judges and military officials would be justified as part of a lawful rebellion against a tyranny. Terrorism, that is striking against civilians would still not be appropriate.
The question then is, are we at the point where lawful rebellion is the only gate left to us? Pretty obviously not, despite an Imperial Judiciary and the Second Holocaust of Forty Million. We have means of trimming the judiciaries tendency to autocracy...
"I'm the Judge, I don't need a reason other than some stupid garbage I just made up. Now hop."
We can do as Jackson did, and ignore them. Perfectly legal. Or we can trim their jurisdictions by Act of Congress. I'd like to say we can impeach them, but obviously the Founding Fathers misbalanced that since its happened practically never in two hundred years. I'm pretty sure we can come up with some other legal ways (and legal is superior unless truly desperate to primal) to make our displeasure known with the ending of Democracy.
Perhaps, we could reduce all judges salaries to a dollar a year...
And before you yell at me how we should all revere, and not simply respect, but revere our judges, I want you to chant "Dred Scott" a dozen times. And then add "Roe v. Wade" which even many supporters will admit is bad law.
Tadeusz

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