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07/18/2002 "Justice Antonin Scalia's craziness unveiled"

Through the Looking Glass See the July 15 2002 entry in this interesting journal.

Here is a copy of about half of the entry.

Now feast your eyes on conservative Justice Antonin Scalia's own deep qualms about the corrupting influence of democracy --- specifically, that democracy leads people to the dangerous belief that government derives its just powers not from divine authority, but some fuzzier notion like, say, the consent of the governed; that the government is supposed to represent the will of the people, rather than "the hand of almighty god":

"Few doubted the morality of the death penalty in the age that believed in the divine right of kings, or even in earlier times. St. Paul had this to say. ... "Let every soul," he says, "be subject unto the higher powers, for there is no power but of God. The powers that be are ordained of God ... Whosoever, therefore, resisteth the power resisteth the ordinance of God, and they that resist shall receive to themselves damnation, for rulers are not a terror to good ...

These passages from Romans represent, I think, the consensus of Western thought until quite recent times --- not just of Christian or religious thought, but of secular thought regarding the powers of the state. That consensus has been upset ... by the emergence of democracy.

It is easy to see the hand of almighty God behind rulers whose forebears, deep in the mists of history, were mythically anointed by God or who at least obtained their thrones in awful and unpredictable battle whose outcome was determined by the Lord of Hosts; that is, the Lord of Armies.

It is much more difficult to see the hand of God or of any higher moral authority behind the fools and rogues --- as the losers would have it --- whom we ourselves elect to do our own will.

How can their power to avenge, to vindicate the public order be any greater than our own?"

And, lest anyone think these are mere philosophical musings, [*Justice* Scalia] issues a call to "people of faith" to correct the error:

"It seems to me that the reaction of people of faith to this tendency of democracy to obscure the divine authority behind government should be not resignation to it but resolution to combat it as effectively as possible,
and a principal way of combating it, in my view, is constant public reminder that
--- in the words of one of the Supreme Court's religion cases in the days when we understood the religion clauses better than I think we now do ---
"we are a religious people whose institutions presuppose a supreme being."

So, the guy who put Dubya in the oval office now seems to believe that his authority derives ultimately not from the Constitution, but from the Bible. This is certainly an unusual sentiment for a Supreme Court justice to express.

But, oddly, that's not the most remarkable......

Go read this journal entry and be afraid.

The American experiment in democracy is coming to an end because of the contradictions that become more obvious by the day. Democracy in America's future is waiting to be ushered into history by a constitutional form of representative government with constituencies that more adequately represent the economic interests of the people whose labor gets the work of society done.
America's republic has been reformed into a full blown statist regime based on two legal fictions; that slavery is the legal fiction that a person is property and that corporate personhood is the legal fiction that property is a person.
I think these words were Abraham Lincoln's; "This country with its institutions belongs to the people who inhabit it. Whenever they grow weary of the existing government, they can exercise their constitutional right to amend it or their revolutionary right to dismember and overthrow it.

Posted by Ronald A. Miller @ 01/13/2003 09:43 AM CST


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