SOBRAN'S -- THE REAL NEWS OF THE MONTH
January 2006
(page 1)
The Living Document, RIP
by Joe Sobran
Both John Roberts and Samuel Alito survived their
confirmation hearings, winning praise for their poise and
legal acumen, as well as rueful respect for their deft
sidestepping of the Big Issue: Roe v. Wade. Liberals
grumbled that they were "extreme" and "outside the
mainstream" for having expressed doubts, at various times
in the past, about Roe and other sacred liberal
precedents, such as those requiring reapportionment of
state legislatures under the Fourteenth Amendment.
Amusingly enough, it was Justice William O. Douglas,
the liberals' liberal, who observed, "No patent medicine
was ever put to wider and more varied use than the
Fourteenth Amendment." Truer words were never spoken --
certainly not by Douglas, anyway. Nearly every judicial
ruling liberals like to call "historic" has relied on
this badly worded and illegally ratified excrescence on
the Constitution. It can be twisted to mean nearly
anything, and has been.
But the very word "historic" suggests the truth:
that all these bold rulings were controversial in their
day, which is to say, outside the mainstream. When they
were handed down, there were certainly two sides to many
issues, with liberal justices audaciously taking the
novel side (and even they were far from unanimous in many
cases). Once that was done, however, it appears that the
traditional views thus overturned became taboo, and it
was the part of conservatives to conserve the liberals'
gains. The old mainstream was dead; long live the new
mainstream!
Henceforth liberals would add a new wrinkle to their
rhetorical zeal for dissent and independent thinking.
When practiced by their opponents, these admirable things
abruptly became vices and acquired pejorative names like
"extremism." Hence the rejection of Robert Bork, who had
indiscreetly criticized the flimsy reasonings and rulings
of both the Warren and Burger courts; hence the pressure
on subsequent Republican nominees to swear fealty to
those things Bork had so rudely profaned.
A liberal is one who can be open-minded about
anything except the past; about that he is strictly a
bigot. He divides the past into two broad categories, the
"progressive" and the "reactionary," and once a thing has
been placed in the latter column (also called
"Neanderthal" or "medieval"), it never gets another
chance. From then on it's "Roma locuta, causa finita," as
it were. The Deposit of Faith has been infallibly
defined. Or, in the terse formula of the Brezhnev
Doctrine, "What we have, we keep." So much for the Living
Document!
Happily, a new era is upon us, liberals have lost
their long monopoly of power, and so this great rule of
liberalism is becoming unenforceable. Roberts and Alito
prudently tiptoed past some touchy questions, with
respectful nods to stare decisis, and lo! The U.S.
Supreme Court, though it still leaves much to be desired,
now has four justices who are willing to view the past
with open minds. At this point, that's about as much as
any reasonable reactionary can hope for.
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