Your Constitutional Right to Make Up Shit About the Constitution
As such, "the fundamental law of a constitution bears then a logical precedence over the statute or the ordinary law." The Constitution is therefore not just chronologically prior to any basic or positive law, but ontologically prior.
Taking the analysis one step further, it is clear that the law-making body -- the legislature -- cannot claim to be the source of the fundamental law (heretofore Law), but is "itself the artifact or creation of a constitution."
Arkes quotes Locke on the matter, who wrote that a constitution is "antecedent to all positive laws." For the Framers, it was axiomatic that the Constitution "cannot spring then from the positive law," but must be grounded in something deeper, something above, beyond, or prior to the positive law.
Note that none of this touches directly on matters of religion or revelation, or on any legal theory per se. To the contrary, it is simply a reflection of "the canons of propositional logic" (Arkes), or derived "from the nature and reason of the thing" (Hamilton, quoted in Arkes). It is true of necessity, not opinion, consensus, experience, etc., as is the case in any axiom of formal logic.
As we have discussed before, logic alone cannot prove anything with finality, because it has no power to furnish its own premises. This latter requires an unavoidable act of judgment, and there is no mechanism for reducing judgment to logic -- which is why, for example, women are so confusing to the pathetic man who would attempt to fit them into his cramped little logic box.
Women are nonlinear, for starters, and we wouldn't have it any other way. To say that they are intuitional is not to say that they are illogical, but that they possess -- or are possessed by, depending on the time of the month -- a different order of logic, one that can, for example, "see around corners" in a way that bypasses local constraints. Nor does it imply that they lack the other kind of logic, unless they are full blown feminists who have given themselves over to girlish hysteria, like our William.
James Wilson, one of the more brilliant founders and a member of the first Supreme Court, made some interesting remarks in the very first case that came before them. Think of it: there existed "no cases to draw upon as precedents" (Arkes). Therefore, before saying anything, "he found it necessary to speak... about 'the principles of general jurisprudence'" in general, and a philosophy of mind in particular. In so doing, he rejected the "skeptical and illiberal philosophy" that "prevailed in many parts of Europe," regarding it, in the words of Arkes, as "the fount of all forms of relativism in morality and law."
Let us now fast-forward to our post-enlightened, progressive age. In order to impose its statist utopia on the rest of us, the left must not only twist the Constitution to its own ends, but distort the reality upholding it, and without which it is truly just a "piece of paper."
Mainly, it must transform absolute to relative and abolish logic altogether, replacing it with expedience, or just plain will. For the left, where there is a politicized will, there is always a legalistic way to see what it wants to see in the Constitution.
Arkes provides a quintessential example of the latter type of "thinking," courtesy of Justices O'Connor, Kennedy, and Souter in the case of Planned Parenthood v. Casey. It is especially sad to contrast the brilliance of a Hamilton or Madison with these clowns, who reduce the Law to a vulgar exercise in deepaking the chopra, right down to the nub. In defending the constitutional right to a dead baby, they mused on the level of an eighth grade graduation speech that
"At the heart of liberty is the right to define one's own concept of existence, of meaning, of the universe, and of the mystery of human life."
To which the only appropriate response is: could I buy some pot from you?
A nice, if bland, sentiment, to be sure, but what does it have to do with the Constitution? More to the point, does the baby in question get to define his own concept of the mystery of human life? Or is he somehow excluded from the pot party?
We all know how assouls such as Deepak write with such sugary but vacuous rhetorical flourishes in order to conceal what is otherwise empty to the core. We expect this of a sleazy used karma salesman. But of a Supreme Court justice?
The whole passage is beyond irony, and doesn't bear the slightest scrutiny. For example, let us stipulate that a person has the right to define his own existence. Why? What's so special about a person? I mean, dogs don't get to define dogginess. Why do humans have the right to make up shit about themselves?
Easy. Because if we don't have this right, then leftists have no right to make up shit about the Constitution.
Well, that's fine for the justices, but the problem is that in their case, they have the power to impose their shit on the rest of us. Look at me. Every morning I ramble on about the mystery of life. But I would never presume to impose this on anyone else. I just throw it out there. And no, you can't buy any pot from me.
Arkes writes of how these pettifogging mediocrities, "products of the best law schools in the land, affirm the right of a person to make up his own version of the universe." Bueno. "But what of that person himself, the one who was conceded now the right to define his own relation to the universe? Was there any reality or truth attaching to him? And what was there about him that commanded the rest of us to respect these decisions he reached about himself and the universe?"
Indeed, "Why were the rest of us not entitled, in turn, to make him up, or to conceive him in a different way, far more diminished as a bearer of rights?"
Well, we are. We just call him a "fetus" instead of a "baby," and now he has no right to define his own existence. To save him the trouble of linking to it again, I will tell you that reader William has his knickers in a twist over the Virginia legislature's proposed law that will require an ultrasound prior to abortion.
Now, an ultrasound is a routine part of any pregnancy, and I would be willing to bet that Obamacare mandates them for all pregnant women. Indeed, it would be an insult to women, not to mention a danger to the baby, if this service were denied.
Unless the right to decide who is a human being trumps the Law.