09 Nov 2005

A Country I Do Not Recognize

Judge Robert Bork contemplates the modern judicial assault on democracy and American values, and warns of further judicial overrulings of democracy via the internationalization of law:

What has long been true has now become obtrusively apparent: There exists a fundamental contradiction between America’s most basic ordinance, its constitutional law, and the values by which Americans have lived and wish to continue to live… First, much constitutional law bears little or no relation to the Constitution. Second, the Supreme Court’s departures from the Constitution are driven by “elites” against the express wishes of a majority of the public. The tendency of elite domination, moreover, is to press America ever more steadily toward the cultural left…

nothing prepared us for the sustained radicalism of the Warren Court, its wholesale subordination of law to an egalitarian politics that, by deforming both the Constitution and statutes, reordered our politics and our society… Today’s Court, though generally more honest in interpreting statutes, is, if anything, even bolder in rewriting the Constitution to serve a cultural agenda never even remotely contemplated by the founders. This Court strikes at the basic institutions that have undergirded the moral life of American society for almost four hundred years and of the West for millennia. As John Derbyshire put it, “We Americans are heading into a ‘crisis of foundations’ of our own right now. Our judicial elites, with politicians and pundits close behind, are already at work deconstructing our most fundamental institutions—marriage, the family, religion, equality under the law.”

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