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Get the Constitution Back, We'll Have To Rise To Rebellion *


*GrassTopsUSA Exclusive CommentaryBy Don FederJanuary 12, 2016*

       It's mid-January and the Iowa Caucuses are not quite three weeks
away. We're tired of discussing the issues—like where the candidates stand
on national suicide by open borders. Whatever shall we talk about? I know,
let's consider the weighty question of whether Sen. Ted Cruz is a
natural-born citizen!

       Donald Trump is skeptical. Lawrence Tribe, who teaches what's
alleged to be constitutional law at Harvard, says that whether Cruz is
qualified to serve as president under Article II, Section 1 of the
Constitution is hardly settled law — because the Supreme Court hasn't had
an opportunity to misinterpret it yet.

       Some conservatives think that being born to an American mother
(albeit in Canada) isn't enough to qualify. They believe "natural born"
means that not just you, but both of your parents were born in the United
States. While the left continues to use the Constitution as a battering ram
to demolish morality and representative government, we're reduced to such
silly arguments.

       For Republicans, the Constitution is a political prop. Every two
years, they take it out, dust it off, and pledge eternal devotion – then,
when activist judges use it to bend the people to their will, the elephants
in ladies undergarments do nothing to stop them, other than beating their
gums. For Democrats, the Constitution is a tool to transform society – to
impose on the nation by fiat what they could never get through the
political process.

       On January 6, Alabama Chief Justice Roy Moore issued an
administrative order instructing probate judges not to give marriage
licenses to same-sex couples. Unlike those who worship or grovel at the
feet of *Obergefell*, Moore notes that such licenses violate an amendment
to the Alabama Constitution, adopted by 81% of the state's voters in a 2006
referendum, and SCOTUS can't change the order of the universe on a whim.

       Moore can't do that, sputters Rep. Patricia Todd, state director of
the Human Rights Campaign. Gay marriage is "settled law." When leftists say
something is settled law (or "the law of the land"), it means the courts
have given them exactly what they want, and now the process is over –
permanently and for all time. Dred Scott was settled law in 1857. *Plessy
v. Ferguson* was settled law in 1896. Thankfully, neither is now.

       In its 1971 decision (*Baker v. Nelson*), by dismissing an appeal,
SCOTUS upheld a decision of the Minnesota Supreme Court that the state's
law restricting marriage to a man and a woman was constitutional. (Was
*Baker* settled law?) In *Obergefell v. Hodges*, decided last June, the
court's cultural Jacobins held that same-sex marriage was a right under the
14th Amendment's equal protection clause. Other than the ideology that
guides the judiciary, what changed in the intervening years? Does judicial
mumbo-jumbo transform the intent of those who ratified it 135 years ago?

       Scalia said the majority opinion was "lacking even the veneer of
law" and constituted a "judicial Putsch." Chief Justice John Roberts said
the decision "has no basis in the Constitution... the majority's decision
is an act of will, not legal judgment." To support its edict, SCOTUS cited
what it called changing attitudes toward homosexual marriage (as if opinion
polls are a tool for interpreting the Constitution), and ignored 33
marriage amendments passed by statewide votes between 1998 and 2012, most
by super-majorities.

       Before *Obergefell*, Brian Brown, president of the National
Organization for Marriage, warned that it was "1973 for marriage,"
referring to *Roe v. Wade*.

       In retirement, Associate Justice William Brennan, the architect of
*Roe*, admitted that the majority of the Burger Court first decided that it
wanted to create a right to abortion and then cast about for ways to
justify it under the Constitution. Building on *Griswold v. Connecticut*, (
1965), which found a right to privacy hidden in the bowels of the 14th
Amendment, SCOTUS decided that (like Russian nesting dolls), one
non-existent right (privacy) contained within it another non-existent right
(that of a woman to abort her child).

       From *Roe* came 57.76 million dead children by the ruling's 42nd
anniversary, partial-birth abortions, 14-year-olds getting abortions
without their parent's knowledge or consent, and Planned Parenthood's sale
of parts from aborted babies – among other horrors perpetrated in the name
of privacy. *Roe* laid the foundation for *Obergefell*, which one day will
be used to legalize doctor-assisted suicide and other milestones on the
road to a death-camp utopia.

       Justice Anthony Kennedy (the Supreme Court's Soupy Sales) is the
author of the *Obergefell* opinion. He's also the author of the 1992
decision in *Planned Parenthood v. Casey*, which reaffirmed *Roe*. In what
Justice Scalia has derisively called the "sweet mystery of life" passage,
Kennedy confided that, "At the heart of liberty is the right to define
one's own concept of existence, of meaning of the universe, and of the
mystery of human life." Thus the United States Constitution has devolved
from the best system of government yet devised to Zen meditation.

       Roberts, who chided the majority in *Obergefell*, himself has played
the Sorcerer's Apprentice elsewhere. He's saved Obamacare twice by pulling
rabbits out of judicial hats. The first time, in 2102 (*National Federation
of Independent Businesses v. Sebelius*), Roberts was so desperate to find
Obamacare constitutional that he decided its fines were actually taxes,
even though the administration rejected the argument in its brief.

       While the Cruz and Moore dramas unfolded, President
I-am-the-Constitution, announced 10 new executive orders to curtail gun
ownership, including redefining a gun dealer as almost anyone who sells
even a single firearm annually. Obama could never get this through
Congress, so he decided to combine the legislative and executive branches,
with all power in his hands. Similarly, he's declared a number of blanket
amnesties last year.

       Who's to stop him? Not Republicans, who fear that standing up to
this despotism would hurt their prospects this year. And they wouldn't even
have to impeach him (though he deserves it more than any of his
predecessors), just stop confirming his appointments, including his
judicial appointments.

       This is what makes the debate over the meaning of natural-born
citizen so hilarious. The Constitution is dead. The left killed it over the
course of half a century, going back to the 1962 school-prayer decision.
And we’re running around in circles trying to decipher a phrase which will
probably never be defined, definitively.

       This is a game conservatives can't win.

       The left controls the law schools from which lawyers and future
judges issue. (It decides the curricula, like Critical Legal Studies.) It
controls the media which shapes the culture that molds activist judges, and
then misreports what the courts are doing.

       And it controls public education, which refuses to teach American
history, including the Constitution. A survey for Constitution Week in 1997
found that two-thirds of Americans couldn't name the three branches of
government, and 84% thought the phrase "all men are equal" is in the
Constitution. (It's "all men are *created* equal" and it's in the
Declaration of Independence.)

       The Constitution's framers understood that even their remarkable
creation was only as good as the people who would be called on to defend
it. As Benjamin Franklin replied on leaving the Constitutional Convention,
when asked what form of government America would have, "a Republic, if you
can keep it."

       We could get the Constitution back one day. Electing someone like
Ted Cruz would be a start. But even that is no assurance. We'll need to
raise up a generation — like the one that produced the Constitution — to
rise to rebellion and overthrow a judicial tyranny supported by the
political elite.

*Don Feder is a former Boston Herald writer who is now a
political/communications consultant. He also maintains a **Facebook page*
<http://grasstopsusa.us1.list-manage.com/track/click?u=aca8d391b7110c56628ee19de&id=02f5cf564d&e=c506d16e1c>
*.*

*The following story can be found on the GrassTopsUSA website at *
*http://www.grasstopsusa.com/df011216.html*
<http://grasstopsusa.us1.list-manage.com/track/click?u=aca8d391b7110c56628ee19de&id=f35474d40b&e=c506d16e1c>*.
Permission to reprint or quote this commentary on the Internet is granted
provided you include a byline to Don Feder, attribution to GrassTopsUSA and
link back to the article at the URL above.*



.





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