Dear Friends and Family of the Preborn Child,
The funeral Mass for Justice Scalia held at the Basilica of the National Shrine of the Immaculate Conception in Washington, D.C. (largest Basilica in North America) was packed to overflowing on Saturday, February the 20th. As with all great men, even their detractors come to pay their respects.
Without knowing he was doing so at the time, Justice Scalia left us with a parting critique on his Court and its threat to American democracy. He did so in the dissent he wrote in the Obergefell case (homosexual marriage case) on June 26, 2015. He began with these words.
“I join the Chief Justice’s opinion in full. I write separately to call attention to this Court’s threat to American democracy.”
“Today’s decree says that my Ruler, and the Ruler of 320 million Americans coast-to-coast, is a majority of the nine lawyers on the Supreme Court. The opinion in these cases is the furthest extension in fact — and the furthest extension one can even imagine — of the Court’s claimed power to create “liberties” that the Constitution and its Amendments neglect to mention. This practice of constitutional revision by an unelected committee of nine… robs the People of the most important liberty they asserted in the Declaration of Independence and won in the Revolution of 1776: the freedom to govern themselves.”
He returns to his earlier point for emphasis:
”A system of government that makes the People subordinate to a committee of nine unelected lawyers does not deserve to be called a democracy.”
In the next paragraph, he picks this theme up again.
“And to allow the policy question of same-sex marriage to be considered and resolved by a select, patrician, highly unrepresentative panel of nine is to violate a principle even more fundamental than no taxation without representation: no social transformation without representation.”
“But what really astounds is the hubris reflected in today’s judicial Putsch.”
Justice Scalia was one to choose his words carefully. He used the term “judicial putsch”. Webster’s defines “putsch” as “a secretly plotted and suddenly executed attempt to overthrow a government.”
Unless Justice Scalia’s words are heeded (and you will want to read through his entire dissent which is enclosed) the death knell for American democracy has been sounded by him and could just as well have been added to the funeral Mass.
Yours very sincerely and respectfully,
P.S. Justice Scalia, of course, knew that he would not change his brethren on the Court by lecturing them. He was issuing a clarion call to all of us in the nation to stand against this.
In this government of, by and for the people there is a way and perhaps the only way to bring about the change Justice Scalia has called for – a CONSTITUIONAL AMENDMENT.
Justice Scalia in truth has given us a modern day update on what were the prophetic words of Thomas Jefferson when he spoke out as President against John Marshall’s self-proclaimed power for the Supreme Court to “interpret” the Constitution (see back of the enclosed proposed constitutional amendment which could just as well be renamed the SCALIA AMENDMENT).
As President of the United States Thomas Jefferson stated in 1803:
“It is a very dangerous doctrine to consider the judges as the ultimate arbiters of all constitutional questions. It is one which would place us under the despotism of an oligarchy.”
Justice Scalia in his dissent echoes Jefferson’s use of the word oligarchy when he refers to an “unelected committee of nine”.
Abraham Lincoln echoed the wisdom of Thomas Jefferson in his first inaugural address:
“If the policy of the government upon vital questions is to be irrevocably fixed by decisions of the supreme court… the PEOPLE will have ceased to be their own rulers…”
Justice Scalia echoes both Jefferson and Lincoln in his dissent:
”This practice of constitutional revision by an unelected committee of nine… robs the People of the most important liberty they asserted in the Declaration of Independence and won in the Revolution of 1776: the freedom to govern themselves.”
The need for a constitutional amendment to be aptly termed the “Scalia Amendment” needs to be a part of the political debates this election year.
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