THE JUDICIARY BY T.S. Khanna, December 4, 2018.

FOUNDATION FOR BETTER GOVERNMENT

 

The Judiciary

By T.S. Khanna, December 4, 2018.

Two hungry cats were fighting over a loaf of bread.  A fox offered to divide the loaf equally for the cats by weighing the two parts.  In the process of making the two parts equal, each time the fox would take a slice of the heavier side and keep it in her den.  The fox ended up getting the whole loaf; the cats got nothing but a “fair treatment of equality”.  The fox felt rewarded for her smarts.

Now imagine the two cats as the two power-hungry political parties and the fox as the Judiciary.  Each time, the two parties are not able to compromise and decide on a political issue, it is taken to the Judiciary for decision; just a few examples:

1.     The issue of racial segregation in public schools was decided by the Supreme Court in 1954.

2.     The issue of abortion rights (Roe v/s Wade) has been decided by the Supreme Court, time and again; first in 1973, then again in 1989,1992, 2003, and 2007.

3.     The issue of women’s rights v/s religious rights (Hobby-Lobby case-2014; the case of covering women’s contraceptives in health insurance) was decided by the Judiciary.

4.     The issue of same-sex marriage:  The Defense Of Marriage Act 1996 was overruled by the Judiciary in 2003 (Massachusetts).  Public reaction placed anti-gay measures on the ballot in eleven states where it passed with 70% public support.  In 2012, measures banning same-sex marriage passed in thirty-two states.  Yet, in 2015, the Supreme Court decided in favor of same-sex marriage by asserting that it was “constitutionally protected under equal rights”.

5.     Recent reversals of the Presidential Executive Orders by the Judiciary for which the Judiciary has no Constitutional powers. They are also a disconnect with political realities.

American culture-transforming issues of drugs, porno, lesbian, homo, same-sex marriage, single mothers, illegal immigrants, home-land security are decided by the Judiciary under the banner of  “Equality-Justice-is-blind-Constitutionality”.   Some of the decisions are causing the destruction of American culture and are against the will of the people.  Precious cultural inheritance of America is being eroded fast.

Equating the best of human culture ( classic human values) with the worst of human nature (porno) may be constitutionally justifiable under the philosophy of equality and blind justice, but it is most repelling to a culturally refined mind.  It is an attack on the cultural inheritance that made this country so great.

The Constitution is a brief document adopted by the first Congress in a radically different historic age.  The brevity of its language allows different interpretations, especially when taken out of the context.  Whims, values, and convoluted logic of different judges are honored under the guise of “constitutional interpretation”.

The three branches of the government are co-equal under the Constitution.  There is no other interpretation.  However, under the present practice, the power of Judiciary over the other two branches mutates the will of the people, which must be held supreme in democracy.  It is represented by the Congress and the President.

In this context, we refer to (a) The Law of the Constitution By A.V. Dicey, and, (b) Government By Judiciary By Raoul Berger.

It may be marked that the difference between the U.S. and the other countries has been the culture, that set it apart in scientific economy, not so much the resources.  If America’s basic values of the culture that made America great fall. everything else may also fall.  Day-to-day fall in culture may not look significant but look at the cumulative effect from 1960 till now.

Due the low-grade performance of the Congress, the fox is turning into a lion, crushing the inherent American culture, its identity, and its security.

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