The Black Madonna

This entry originally appeared in The Black Republican.

Now we turn - merely as an interlude, of course - to the heart of the matter. Daniel Henninger lays out for us a scene very reminiscent of the last time the Supreme Court made a judgment over the worth of a human soul.

The men who made the American Constitution understood that nothing in the pristine vapors of their nation was so special or unique as to ensure that Jack would never despise the opinions of Tom--and more than anything would like to shut Tom up, for starters. It is clear in the Federalist Papers that the Founders, above all, tried to reduce the destruction often done to civil life by political factions. I don't know that James Madison is spinning in his grave over the factionalism washing through U.S. politics, but surely he is heaving heavy sighs.

Of course, there are also differences. In 1860, the problem had permeated all facets of the two very different cultures that then existed in our country. The problem was resident in our homes, our fields, and our legislatures. Nowadays, it simply exists in our courts, where most people assume they have no rights other than those that are argued by a high-priced lawyer, or adjudicated by a federal judge.

I think many people who don't get paid for waging politics are becoming quite frustrated with dysfunctional legislatures that are now polarized--as in Congress or in California--essentially along the cultural faultlines created by 30 years of allowing judges to pre-empt the broader community's ability to discover, or re-examine, its social beliefs. These legislators have become little more than clerks to judges and the complainants in their courts--the law as not much more than a brief. When this happens, citizens lose their status as voters or electors and become mere courtroom spectators. How can this be good?

The question is, will Americans continue to allow this "war" described by Mr. Henninger to rage in their courts? Or will they rise up in defense of their "public property rights"?