Progressing the Constitution - The Ninth Amendment Part V

ArticleVBlog ^ | January 4th 2019 | Rodney Dodsworth

[Jacquerie]

Subtitle: Scotus & Morality.

Without God and religion you don't have moral truth, you have moral opinion. Unfortunately, when a majority of lawyers on Scotus issue new rights-based opinions, they become binding moral truths; indeed, they are societal commandments. Unlike the Ten Commandments, Scotus’ commandments are compulsory and permanent. Well, they are permanent until a subsequent court determines otherwise. We the People never entrusted this philosophically unmoored and thoroughly political institution with the duty to police morality.

It wasn’t always this way. In a constitutional republic the moral content of law is given by the morality of the framer or the legislator, never by the morality of a judge. A frequent task of the judge, and it is a task quite large enough for anyone's wisdom, skill, and virtue, is to apply the Framer's or the legislator's morality. That abstinence from giving his own desires free play, that continuing and self-conscious renunciation of power is the true morality of the jurist.

That true morality isn’t found in our genius black-robes. Where the typical citizen learns right from wrong and the natural order from his/her parents, and morality from long-recognized and readily understood Biblical passages, our Constitution apparently needs, after 230 years, a secular priestly class to discern great unrealized rights as if the Constitution was a collection of written mutterings from the Oracle of Delphi. Since there are great hidden rights and liberties in the Constitution, isn’t it time the Scotus or law school professors revealed the rest of them? What gives? For instance, the 14th Amendment’s equal protection clause recognized homosexual marriage since 1868, why the 147 year delay?

[Albion Wilde]

bump

[Albion Wilde]

New tagline, from the article.

[Jacquerie]

Yep. A worthy FR tagline.