Fortnight For Freedom: Abraham Lincoln on the Supreme Court

 

 

 

 

 

fortnight for freedom 2016

 

(This is a repeat from last year.  In light of the Supreme Court’s decision yesterday, go here to read about it, in Whole Woman’s Health v. Hellerstedt striking down two key sections in the Texas abortion law, it seemed more relevant than ever.  The Supreme Court is growing ever more high handed in its rulings, and what it is engaged in when it comes to favored made up court created rights like “abortion” and “gay marriage” has nothing to do with the law or the constitution.  In his blistering dissent in Hellerstedt, Justice Clarence Thomas nailed it:


 

Some quotes from Abraham Lincoln in how to react to illegitimate Supreme Court decisions.  An illegitimate decision is one in which the Court arrogates to itself the power of a legislature under the mendacious guise of merely interpreting the Constitution:

1.  I do not forget the position assumed by some, that constitutional questions are to be decided by the Supreme Court; nor do I deny that such decisions must be binding in any case, upon the parties to a suit; as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases by all other departments of the government.

2.  Judicial decisions have two uses-first, to absolutely determine the case decided, and secondly, to indicate to the public how other similar cases will be decided when they arise. For the latter use, they are called “precedents” and “authorities.”

3.  We think its (the Supreme Court) decisions on Constitutional questions, when fully settled, should control, not only the particular cases decided, but the general policy of the country, subject to be disturbed only by amendments of the Constitution as provided in that instrument itself. More than this would be revolution.

4.  At the same time, the candid citizen must confess that if the policy of the government upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties, in personal actions, the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal.

5.  Judicial decisions are of greater or less authority as precedents, according to circumstances. That this should be so, accords both with common sense, and the customary understanding of the legal profession.

6.  If this important decision had been made by the unanimous concurrence of the judges, and without any apparent partisan bias, and in accordance with legal public expectation, and with the steady practice of the departments throughout our history, and had been in no part, based on assumed historical facts which are not really true; or, if wanting in some of these, it had been before the court more than once, and had there been affirmed and re-affirmed through a course of years, it then might be, perhaps would be, factious, nay, even revolutionary, to not acquiesce in it as a precedent.

7.  But when, as it is true we find it wanting in all these claims to the public confidence, it is not resistance, it is not factious, it is not even disrespectful, to treat it as not having yet quite established a settled doctrine for the country.

8.  But we think the Dred Scott decision is erroneous. We know the court that made it, has often over-ruled its own decisions, and we shall do what we can to have it to over-rule this.

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Donald R. McClarey

Cradle Catholic. Active in the pro-life movement since 1973. Father of three and happily married for 35 years. Small town lawyer and amateur historian. Former president of the board of directors of the local crisis pregnancy center for a decade.