Some Brief Thoughts On The Supreme Court, "Originalism" And The Confederacy

 


So many are "shocked" that the Court would do this. Where have those folks been? 

The Federalist Society, to which these Neo-Confederate Judges belong has been presenting their plans for decades through conferences and published documents to restore "States Rights". They have been open about their intent to not only roll back the 14th Amendment, but to in effect excise the central statement of the Framers intent, ie: the Constitution's Preamble.

The General Welfare Clause was the Framer's assertion of the concept of the "Common Good, the"implied powers" of the Federal Government which invests in The People the power to remedy unanticpated problems in the future through their Federal government.

 Every action carried out by our government taken in the 20th Century to build our national economy,, to protect civil rights, provide Social Security/Medicare, regulate Corporations, defend voting rights, protect the rights of Labor through different agencies like OSHA, protect our health through the FDA, EPA, and CDC, all are in the spirit of that Preamble. 

Hence the sick irony of the term "Originalism" which these fascist Conservative Judges claim is their special insight into the intentions of the Framers. They are like fundamentalist Preachers who claim the "God given" ability to discern "God's Plan" by interpreting Bible prophecy to the exclusion of its other teachings in order to mislead and control their flock.

The Court's Originalism, and its component textualism is in fact for real. Except that the text of their "Original" document is written in the "Articles of Confederation," the failed system benefitting the slave plantation system of decentralized Agrarianism which our founders junked, because it deferred too much power to the States. The Articles later  became the model for the system of laws of the Confederacy.  That is the so-called text that informs the Originalists. 

They are whittling away at the 14th Amendment as a means to annihilate the Preamble. And the Federalist Society has been telling Americans for decades that this is what they are doing. And just like the people in the 1920's and 1930's who read Hitler's manifesto "Mein Kampf", they didn't want to believe it was serious. Just like we didn't want to believe Trump when he claimed he would not leave the White House voluntarily if he lost. 

So, I have to ask, what is wrong with us when autocrats and fascists tells us explicitly their plans to destroy Democracy, and we ignore them, until we respond with incredulity AFTER they do it?  That is an actual question.


["We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."]

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