WHEN INALIENABLE RIGHTS COLLIDE
The Supreme Court has signaled that the Texas anti-abortion law has some validity. However, that law raises constitutional issues that will not be easy to decide. Paramount is the right of a state to circumvent the Constitution with novel formulations. If that holds, then many issues, such as gun control and voting rights, can be similarly decided. It is unlikely that SCOTUS will permit such a strategy to put key issues affecting American society beyond its jurisdiction. However, it does have the option, well within precedence, to permit s single state to experiment with an approach apart from all the other states. Never mind the intrinsic contradiction within conservative ideology that limits the reach of government in controlling people’s lives. This is justified by an “inalienable right to life,” despite the fact that neither science or religion are in agreement as to when “life begins.” Inevitably, the arguments will boil down to moral ones. In the Christian tradition, there is no higher value or “inalienable right” than free will. Issues of right and wrong ultimately reside within the conscience of the individual. If the SCOTUS justices were philosophers and not political partisans, the decision would be obvious and simple.
BRAVE NEW WORLD
Distrust of government world wide is becoming a dominating theme for our times. It has given rise to both left and right wing populism. It was the moving force that eeked Trump into the White House. Any candidate who runs against the powers-that-be or the deep state stand a fair chance of winning. Many constitutions would crack under the pressure and soft coups might prevail over popular elections. Just as we once transitioned from feudalism to democracy, it is clear that another transition is underway. It might seem that the trend is toward authoritarianism, but unlikely because such esablishes a series of fiefdoms that is incompatible with the need to solve global problems, like climate change and over population. What we are facing is the end of sovereignty for multiple geo-political units; instead there will only be a few big neo-sovereign powers seeking to establish harmonious relationships. “Neo” is the operable word because such nations will not be organized as we are accustomed. Think of a definite “ruling class,” one that is open to anyone who so chooses that path in life. Plato foresaw the need by designating “philosophers” as the proper decision makers for society. Could be that the United States, in an effort to stave off disintegration, will lead the reconstruction.
THE RULE OF LAW, SORT OF
Anyone whose listened to the collected tapes of Trump phone calls seeking to overturn the election results must conclude that this was an evolving conspiracy to overthrow the government. Trump was smart enough to goad others into doing his dirty work. But when he could move no one he finally had to expose himself directly by urging the assault on the Capitol on January 6 coupled with a direct request to Mike Pence to stop the certification of the electoral college ballots.
If any one of us ever were recorded on a phone call urging the overthrow of the government, the FBI would waste np time in cuffing us. Yet Donald Trump continues to walk free and none of the January 6 rioters have so far been convicted of treason or insurrection. This failure compounds the crime and exposes others to complicity.
The rule of law is obviously a fiction. Ordinary citizens now fear the law more than they respect it. They know it can be used against them in close examination of their finances and taxes and being suckered into a self contradiction by an FBI rhetorician. They see Julian Assange jailed for reporting the crimes of officials of the ruling class, while the perpetrators of those crimes, like Trump and his minions, go unpunished.
We see all sorts of crimes committed under the guise of “national secruity” which shields those deciding and acting from bearing responsibility, like the drone strike that killed Afghan Civilians in our last goodbye. For certain, if any report or document is marked CLASSIFIED, it is a sure sign that it is hiding the crimes of those in power.Just as General Miley had a moral responsibility that was above the law, so to does every American who knows of a crime having been committed.
Journalists have a Constitutional obligation to share all official info with the public, crime or not. Now lets see the DOJ meet its obligations.