The New Civil War

 

We have had a legal civil war fighting for some time now. Politically our governing was built upon a Constitution highlighted by a Bill of Rights. From this the legal parameters of right and wrong were established. Civilly our legal jurisprudence was based on English Common Law. After the conquest by the Normans in 1066 a new legal system began developing shaped by a sense of civil rights that extended to everyone, not just Royalty. It was an evolving system created not by any system devised by some men but shaped by judges that began using case law building upon equal application of the law.

Much like Adam Smith writing about what worked in the marketplace, men like Montesquieu wrote on the best nature of law in works like The Spirit of Laws, and Bastiat’s The Law from which we novel Americans used to shape our laws.

Until progressivism began changing our political landscape we were a nation of laws (fairly much unchangeable and therefore making justice reliable) to a nation of men, totally changeable based upon who was ruling.

Along the way in our newfound progressivism judges were appointed for their progressive stand where legal decisions were not made on established law but on social/political concerns. When enough of these judges were appointed the progressive left found a new partner in their drive to change our politics altogether. Unable to persuade for changes they wanted they began using courts to be the enforcer of their new politics and courts played along. We really began seeing this played out in the Left’s judicial attacks on Sarah Palin whom they hated for her conservatism. Having found courts so willing to do their bidding, progressive liberals are now using it against Donald Trump to bring down his presidency. But in doing this they are bringing down our established Constitution and have effectively done away with Common Law.

The rights and duties of a President are spelled out in our Constitution. These rights and duties began changing under a progressive ideology where presidents began taking more power to themselves and granted that from a Congress that allowed their rights and duties to be suborned and a voting public who began looking for an elected monarch to do for us what we wouldn’t do for ourselves. Add to this a growing power of the judiciary out of control who think of themselves now on top of the political mountain, above the President, above Congress.

We’re seeing this at its ugliest used against President Trump in two particular areas at the moment: his travel ban, and DACA. Liberals have at times totally obstructed his directives by finding courts to rule against him. These courts did not rule on the constitutionality of what he did because they actually have no right to do so, they ruled on social/political concerns, again, which they have no right to do. Congress has given the president the duty, if needed, to issue a travel ban. It’s not up to the courts to reign that in if it is thought badly done, only Congress has the right and duty to reign it in by changing the rights granted to a president.

As for DACA, even President Obama who issued DACA had previously admitted he didn’t have the right to issue such a decree, only Congress had that right, but he did it anyway. Of course, the Socialist State of California would lead the nonsense against the President when he decided to stop supporting DACA. From a story on this in the Wall Street Journal we read this:

“What is the Trump administration trying so hard to hide?” California Attorney General Xavier Becerra said after the court’s action. “The administration owes the American people a real explanation for its decision to upend the lives of 800,000 Dreamers, stripping them of their ability to work and study, stirring fear and threatening our economy.”

Honestly, the “Trump administration” isn’t hiding anything, and they’ve made an explanation for their decision: it’s being sent back to Congress to decide because it only rightfully belongs in Congress. How silly we’ve become. Well, we wanted our Monarch to do things for us, this particular monarch keeps trying to govern from a Constitution. We’re happy to have the law ignored when we want it ignored and it benefits our sense of social justice and political ideology. But our nation wasn’t founded this way. We forget this at our peril

If we don’t see this aspect of the civil war we’ve brought on ourselves then the chaos we’re seeing now will only grow deeper and the freedoms we think we are fighting for will become our chains.