Constitution Killers

By George Neumayr
Author Bio.

The Supreme Court's judicial activists are cutting off the branch on which they sit. By rejecting the law and putting their personal opinions in its place, the justices invite the people to imitate them and disregard their decrees with the same willfulness they disregard the Constitution. If Anthony Kennedy isn't bound by the framers' words, why are the people bound by his?

The authority of Supreme Court justices derives from the authority of the Constitution: once they deny its authority, they deny their own. The Roper v. Simmons decision is a stunningly stark illustration of this despotism that masquerades as jurisprudence. Despotism is not an overwrought description here: we are dealing with a lawless court, judges who obey no law save their own will. Yes, they invoke a living Constitution, but that just means the real Constitution lies dead at their feet, having been trampled beneath a juggernaut of false progress.

The Supreme Court has been holding a de facto constitutional convention for decades, ripping up the old one and writing a new one without the consent of the people. A fitting punishment for this act of hubris will come when the chaos that their own example of lawlessness has set in motion consumes them in impeachment trials or worse.

The justices conceal their despotism in rhetoric and flat-out lying. As Antonin Scalia demonstrated in his dissenting opinion, the "national consensus" that the justices cite to justify the decision doesn't exist. Kennedy and company did a shoddy job of lining up this lie, first inventing a national consensus against executing 17-year olds, then conceding that it doesn't exist by whining about America's refusal to ratify international treaties that forbid the practice.

As the Supreme Court writes a new constitution, the justices are using as their co-authors foreigners not Americans. This now routine reliance on foreign fashions illustrates their alienation from and distrust of the American people. In citing the "overwhelming weight of international opinion" in the Roper decision, the justices are in effect saying to the American people: we are right, you are wrong; since you won't support our boutique views, we will look abroad for support.

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