Time to take the gloves off.
For more than half a century, as leftist judges have preempted or nullified our efforts to govern ourselves, conservatives have staked much on the appointment of judges who would follow the law rather than legislating or administering from the bench. And indeed, the number of such judges has been growing for a generation.
But since the 2016 election, it has become clear that merely appointing good judges cannot stop what the bad ones are doing, as leftist federal judges continue to strike down one after the other of the Trump Administration’s initiatives, as well as conservative state laws.
Even if a majority of the Supreme Court were to overrule every district court judge’s usurpation once an appropriate case reached it, leftist judges would still be a major brake on one side of American public life. Until conservatives somehow stop this judicial malpractice, all the work they do to elect whomever, to pass whatever laws, to appoint more good judges, is guaranteed to be undone by some bad judge putting his seal on some leftist group’s brief.
Nor can honest, nonactivist judges provide a counterweight on the other side of political conflict. If conservative judges were the mirror image of leftist ones, there would be a cadre of them ready to invalidate the next leftist president’s every move, as well as every law and practice of California’s and other blue states’ governments. But there is not such a cohort in waiting.
Defying the reach of a federal court ruling—even one of the Supreme Court’s, never mind that of a district court—is within everyone’s power. Alexander Hamilton had made that point in Federalist 78: the judiciary’s fundamental power is neither more nor less than the power to persuade. You may be otherwise persuaded. Hamilton is clear that there is no constitutional duty to obey the courts—certainly not on policy.
Andrew Jackson applied that principle even to the Supreme Court’s decision in the specific case of the Bank of the United States in 1832: “John Marshall has made his decision; now let him enforce it!” There is no constitutional reason why any president, or governor, should forbear from carrying out a law or an executive decision just because a federal district judge’s opinion is that it violates some standard, The president or governor has his own opinion. In the final analysis, all depends on executive power, which, in turn, depends on popular support.
Kinda goes hand-in-hand with my proposition that, should the Democrat-Socialists ever be allowed to election-fraud another of theirs into the Oval Office, the correct Republican response would be to make sure that Xhe/Xhim/Whatever would face every jot and tittle of #Resistance that Trump has endured, plus a BUNCH. Alas, it ain’t gonna happen, I don’t think, any more than Codevilla’s worthy suggestion above will. Still, though, the fact remains:
Ace, of AOSHQ. has bruited the concept of The Great Divorce, that is, that the eventual upshot of the current massive divisions in America will be a near complete separation, even legally and physicially, between the urban Democrat hordes, and the rest of America and Americans.
In this scenario, the only real question is whether that separation will be accomplished peacefully, or with varying levels of violence.
I tend to think there is considerable validity to the scenario, because of the uber-narratives that dominate both sides. On the right – read “America as we knew it, and still know it in many places,” – that narrative boils down to “We just want you to leave us alone to live our lives as we wish.” On the left, the other side of that coin is embraced as religious scripture – “We want to control every aspect of your lives for your, and our, own good.”
The left, in the bubble-redoubts they believe give them control of what they also believe are “the commanding heights of the culture” – media, the educracy, majoritarian politics, the deep state, the looming corporate state, the GoogleZon technocracy – assume themselves assured of victory. This is, unfortunately for them, a sad misreading the reality, as they will, to their shock, inevitably discover.
The resultant mass cognitive dissonance within the left will be devastating, and is one of the principle reasons I don’t think The Great Divorce will be entirely bloodless.
And after that? This, like as not.
Should we blow everything up, just to see how we could fix it?
Don’t be asinine; of course not.
But don’t assume just because something is craptastic in the moment, it’s going to be that way forever.
That’s a four-year-old’s view of time: “everything is about me, right this minute.”
So grow up. And perhaps, take a longer-term view than just right this minute, or even until the day after tomorrow.
Don’t take my word for it. Because while no one I know would like to go live at Florence and Normandie nearly 30 years after the L.A. riots, you won’t find anyone in Normandy, France bitching too hard about the war that landed on their shores 75 years ago this coming Thursday. Go there and ask if you don’t believe me.
Ask 100 people which world they’d rather live in:
One populated entirely by rifle-toting, bible-clinging rednecks having a barbeque.
Or one populated by Emo Antifa twinks and purple-haired lesbian land whales all shrieking and moaning about how evil white mankind is, and the contest is over in five seconds.
A conflict here is almost certainly an extinction-level event for the left, for generations yet unborn.
(Whereas their victory would be the continued genocide of the unborn.
So don’t try to pretend there’s any moral equivalency between baby killers, and those who’d rather kill baby killers.)
Tell me again why we don’t just open the ball first, and prosecute that whole party now, to the hilt.
We’re already the merest momentary pause from that question becoming purely academic, and the discussion getting overtaken by events as it is.
Let the dog catch the car.
Then watch what happens to him once he’s got it, and doesn’t know what to do next, with a mouthful of bumper.
I repeat: the Leftwits now openly advocating schism, war, and genocide should be very careful what they wish for, lest they get it—good and hard, and for all time. Go ye and read the rest of it, if only for the great Mark Twain quote at the end.