The pseudonym "Philo Vaihinger" has been abandoned. All posts have been and are written by me, Joseph Auclair.

Sunday, May 25, 2014

National security, privacy, and the constitution

Checks and balances, anyone?

A life tenured and independent judiciary enforcing a written constitution with a lovely Bill of Rights will save us from a runaway executive, right?

After all, that is their critical role in defending the people against tyranny by forcing lawfulness upon the king's men.

Though Madison insisted there was absolutely no cause for alarm and no need at all for a Bill of Rights, we have come over two centuries to recognize the essential role they play in enabling judges to do anything at all to restrain the executive.

But refusing to court the public humiliation of being ignored, rather than fight such atrocities as this - and how long did the president's men hold Bradley Manning in jail, in solitary, without bail, before giving him the speedy and public trial that was his due? - our courts themselves join in the national fun-fest of constitutional disobedience, to the applause of the executive they should be trying to restrain, by everywhere unlawfully legalizing gay marriage.

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