Followers of the blog, my faithful five, know I’m a stickler for the Constitution, seeing it rightfully as a great document, one literally for the ages, the living and beating heart – of a powerful but flexible compact between the American people and the power of this great nation; as it is executed by our government.
That compact has been tried, bloodied, cowed and even embarrassed, but never broken. Such a thing is not derived from one stroke. The North’s victory in the Civil War didn’t end America’s battle with racism and neither will the election and re-election of the country’s first black president. But fiber-by-fiber this compact is built, and this week we witnessed several historic events that constitute the force strengthening that fiber everyday – even while we scream in pain over our own injustices.
The Supreme Court is the final arbitrator by Constitutional design and although this isn’t perfect and split opinions are the bane of court watchers like myself, this week’s double opinions, one rescuing a poorly drafted Obamacare bill and the second establishing gay marriage as a right in all 50 states were an astounding example of how crafty the Constitution’s ability to blunt violent faction is.
Both of these opinions are flawed, and both rest on tenuous ground legally, but both of them are also very sound in other ways — and most importantly — will certainly stand the test of time. Gay marriage is a civil right the American people have accepted as such for some time, and the fact that states need to be unanimous in this, so as not to infringe unequally on the rights of gays living in areas where this isn’t popular, is obvious.
Heterosexual ONLY marriage advocates have no ground to stand on here, you can’t equally weigh the civil rights of a gay person denied marriage opportunity, to the civil rights claim of a person wanting their “definition” of marriage to remain exclusive. The gay person denied marriage is denied a real life opportunity for happiness, while the opposition here, defends the right to dictate the behavior of others, in ceremonies they will not attend, at churches they need not attend, while living their married lives, with all it’s rights. This was a no-brainer and the Supremes did what Congress and Bill Clinton dropped the ball on (Don’t Ask, Don’t Tell), for years now.
The Obamacare decision was much bolder actually, Roberts broke new ground here by ignoring some major landmines he put down in this decision — but I predict he’ll get away with it. Hopefully this decision will also be mooted in time by constructive surgery on the part of Congress, a passageway Roberts appears to have been clearing for them by bulldozer with this decision. In other words, “You lost that vote. Live with it. Change the law if you have the votes — but don’t shove your whip count problem over on the Supreme Court.”
This was also a practical thing to do and Roberts is very practical, he’ll keep the trains running, even if the DNC and RNC staffers are too stupid to see the need for that detail.
An amazing week really, the power of the founding fathers, literally working right before our eyes to remold and rebuild our sacred compact with our government, fiber by fiber.
I think; even if you’re a commie, a racist militia idiot, a common street thug, or a radicalized terrorist (I wish), weeks like this have to show you the strength of the American Constitution; capable of making law from the pursuit of happiness, of it’s own people.