By: Cliff Kincaid
Accuracy in Media
Commentators have missed the real significance of Justice Antonin Scalia’s dissent in the gay marriage case. He calls the decision a judicial “Putsch,” an attempt to overthrow a form of government—ours. His dissent, joined by Justice Clarence Thomas, was written “to call attention to this Court’s threat to American democracy.”
His comment about the Court using the kind of reasoning we find in a fortune cookie is a funny line. But there is much of the Scalia dissent that is not funny and which serves as a warning to the American people about what the Court has done to us.
Scalia understands the power and meaning of words and he chose the word “putsch” for a specific purpose. One definition of the term means “a secretly plotted and suddenly executed attempt to overthrow a government…” Another definition is “a plotted revolt or attempt to overthrow a government, especially one that depends upon suddenness and speed.”
Hence, Scalia is saying this was not only a blatant power grab and the creation of a “right” that does not exist, but a decision that depends on public ignorance about what is really taking place. It is our system of checks and balances and self-rule that has been undermined, he says.
In that sense, he is warning us that we need to understand the real significance of this decision, and go beyond all the commentators talking about “marriage equality” and “equal rights” for homosexuals. In effect, he is saying that the decision is really not about gay rights, but about the future of our constitutional republic, and the ability of the people to govern themselves rather than be governed by an elite panel making up laws and rights as they go.
Scalia’s dissent cannot be understood by listening to summaries made by commentators who probably didn’t read it. Although I may be accused of exaggerating the import of his dissent, my conclusion is that he is calling for nothing less than the American people to understand that a judicial dictatorship has emerged in this country and that its power must be addressed, checked, and overruled.
The implication of his dissent is that we, the American people, have to neutralize this panel, perhaps by removing the offenders from the court, and put in place a group of thinkers who are answerable to the Constitution and the people whose rights the Court is supposed to protect.
He says the majority on the court undermined the main principle of the American Revolution—“the freedom to govern themselves”—by sabotaging the right of the people to decide these matters. The Court destroyed the definition of marriage as one man and one woman “in an opinion lacking even a thin veneer of law.” In other words, the Court acted unlawfully and unconstitutionally.
Scalia called the decision “a naked judicial claim to legislative—indeed, super-legislative—power; a claim fundamentally at odds with our system of government.”
Justice Scalia goes on, however, to attempt to explain why this is happening. He basically says, in so many words, that the majority of the Court is un-American, completely out of touch with American traditions and the views of ordinary Americans. He rips the Federal Judiciary as “hardly a cross-section of America,” people from elite law schools, with not a single person from middle-America, and not a single evangelical Christian or even a Protestant of any denomination. He calls the Court, on which he serves, a “highly unrepresentative panel of nine,” that has engaged in “social transformation” of the United States.
More than that, after examining the elite views and backgrounds of the “notorious nine,” he declares that while the American Revolution was a rejection of “taxation without representation,” we have in the gay marriage case, “social transformation without representation.”
One cannot help but think that Scalia wants readers to recall Obama’s promise of the “fundamental transformation” of America, except that in this case Obama has been assisted by five judges who did not represent, or even care about, the views of America as a whole.
While Scalia zeroed in on his colleagues on the Court, we can easily apply his analysis to the unelected members of the liberal media who pretend to offer the American people an objective and sensible interpretation of the decision.
On CNN, for example, anchor Brooke Baldwin “moderated” a discussion between lesbian liberal Sally Kohn and liberal pro-gay “Republican” Margaret Hoover. The only issue was when the Republican Party would accept gay rights and sell out conservative Christians. Baldwin herself is a member, or at least a supporter, of the National Lesbian & Gay Journalists Association.
Conservatives watching Fox News and hoping for a pro-traditional values perspective are likely to be seriously disappointed as well. The new Fox star, Megyn Kelly, is getting rave reviews from the liberals for defending homosexual and transgender rights. A special report by Peter LaBarbera examines how Fox has been almost as biased on this issue as other media, calling the channel “unfair, unbalanced and afraid.” The word “afraid” describes the general failure to challenge the homosexual movement, into which Fox News has been pouring a significant amount of money for many years. Indeed, some “conservatives” have gone way over to the other side, with Greg Gutfeld, another rising Fox star, insisting that gay marriage is a conservative concept.
The Scalia dissent demonstrates why the fight for traditional values cannot and must not stop. That fight must continue because our form of democratic self-government is in grave jeopardy, and has in fact suffered a major blow. A federal constitutional amendment to protect traditional marriage is one obvious course of action. But that won’t solve the basic problem of an emerging judicial dictatorship willing to redefine historical institutions, make up rights, and defy common sense.
The court’s reputation for “clear thinking and sober analysis” is in danger because of this terribly misguided decision, Scalia writes. In other words, the Court is drunk with power and cannot see or think straight.
The same can be said about the major media, which cover this decision as just another controversial ruling that people will disagree on.
In fact, as the Scalia dissent notes, this decision will live in infamy. It is as if a Pearl Harbor-type attack has been achieved on America’s moral fabric and constitutional foundations.
In this context, Scalia talks about the Court overreaching its authority and moving “one step closer to being reminded of our impotence.” In my view, this is an open invitation for responsible elected officials to take power away from this Court and return it to the people.
But how will the Republican Party respond? Some big money players are demanding the white flag of surrender, so the GOP can “move on.” This is what the British “Conservative” Party has done, and we see the consequences there, as Christians are now being arrested by police or fired from their jobs for expressing views in favor of traditional values and traditional marriage.
Scalia’s discussion of “social transformation” of the United States without the voluntary input or approval of the people captures the essence of the coup that has been carried out. This process now has to be explained in terms that most people understand. It is, in fact, the phenomenon of cultural Marxism, an insidious process explained so forcefully in Professor Paul Kengor’s new book, Takedown.
As Kengor notes, gay marriage is only the beginning of this cultural transformation. By redefining the historical institution, the Court has opened the door to multiple wives, group marriages, sibling marriages, fathers and stepfathers marrying daughters and stepdaughters, and uncles marrying nieces.
A country that descends to the bottom of the barrel morally and culturally will not be able to defend itself against its foreign adversaries and enemies. Indeed, we have the evidence all around us that, as the culture has degenerated, our ability to defend ourselves has simultaneously been weakened. The recent Pentagon gay pride event featured a male General introducing his husband, as a transgender Pentagon civilian employee looked on.
The next step, from the point of view of those objecting to this fundamental transformation of America, has to be to find those elected leaders willing to act. The presidential campaign of 2016 is an opportunity to find out who understands the crisis and whether they have a way out.
8 thoughts on “Overthrow the Judicial Dictatorship”
You are correct in your assertions but, unfortunately, they have led you to the wrong conclusion – the same one Mark Levin has touted. A con-con is NOT the solution to our problems in this Constitutional Republic. What makes you believe that an unfettered body of modern-day politicians, meeting with the express purpose to change/amend our GREAT constitution, will give us anything even remotely better than what we have? And even if there were one or two (perceived) improvements, what makes you think our ruling elite would pay ANY attention to the parts they don’t like? No, the problem is NOT with our constitution but with the treasonous individuals who swore to uphold and defend it! All three branches of our government have been IGNORING the Constitution for a very long time. THAT is what must change. I dread the thought of what type of governing document might be created in a room full of treasonous politicians; the great orators have all long since passed on.
Leadership is required , the SCOTUS has exceed any limit of Article III and ignored all limits on the 9th and 10th amendments. Here is our only way forward if we do not want to be ruled by NINE BLACK ROBES AND ONE KING.
The Legislature needs to go full nuclear in the Senate so they can defund the Federal court systems. The SC Justices must be paid by we can layoff all other Federal Judges and close Courts inside State borders.Â
This is the only way to RESTORE STATES RIGHTS AND POWERS as the SC has just blown up all States rights under the 9th and 10th amendments.
2016 will be a failure for the entire R brand if you do not take actions to correct and restore States rights and powers. We have waited long enough for you all to play politics and it appears that you are all more interested in reelection that leading a RULE – BY – LAW nation.
Mangus Colorado “The Legislature needs to go full nuclear in the Senate so they can defund the Federal court systems”. That would be a solution but Article 25 of our constitution already gives Congress the authority to limit the appellate jurisdiction of the SCOTUS. Imagining Congress having the gonads to do this is an entirely different matter – unfortunately, much like your solution of defunding, I fear.
This is without question a major Marxist agenda; to control the Supreme Court. It is a play right out of the Weimar Republic after WWI when the communists massed in Germany and began taking over the political offices and courts of the Weimar government. That was a major contribution to the rise of Adolf Hitler and Nazism in opposition the the German rejection of world communism. Furthermore, Austria and other nations rejected world communism. Unless people reject the overwhelming abundance of Marxists in our government we will face one of two consequences if not both. One consequence we face is the destruction of America, the annihilation of all Jews, Christians and Capitalists…like Chinese Revolution 1949, or face a destructive Civil War. Too many Americans have too much to lose and they are wise to the gun grabbers. Americans will not go quietly into the night and simply pray. They have already prayed.
We have been saying the exact same thing as Justice Scalia and Cliff Kincaid before this decision was handed down ! Watch for more of the same unless Boehner is dumped as Speaker and an impeachment of Obama is begun. Symbolism is as the Democrats know, is more important in this case and the GOP should get on with it now !! Cowards deserve to be scaffolded and until someone in the House gets a pair of BALLS, this will lead to revolution.
It is an outrageous, shameful reality that we lack an effective, or even willing, conservative opposition. Republican representatives were elected based on their assurances that they would stop Obama’s power grab and repeal the ACA/Obamacare.
They lied through their teeth – and left Americans toothless.
I’m with Mark Levin: An Article V Convention is the only real solution.
This is the best commentary on the court’s decision I have read so far. A rouge court like this could do anything.
America we are now ordered to throw our morals out the window and bow down to Hussein Obama an kiss our Constitutional rights goodbye. The gay rights movement is inseparable from the sexual revolution, and the sexual revolution is inseparable from the gay rights movement. The principles of radical sexual autonomy,freedom from any form of moral justice- or judgement of such things as the murder of the unborn- breathing child. Having morals and having moral judgement will become a crime against the country.
David French is a writer from IMPRIMIS a publication from Hillsdale college.These words are mostly his- but IMPRISIM will send you a free monthly copy of IMPRISIM at no cost. Its a great force for American traditions and it offers free,not for credit, online courses taught by faculty. In addition two weekly lectures, these courses feature readings, quizzes, and discussion groups.Those who complete them successfully receive certificates of completion— online.hillsdale.edu.