02 Jul 2012

John Roberts, Zen Constitutionalist

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Chief Justice Roberts is kind of like Hakuin, the sort of Zen master who asks you if Obamacare is constitutional, and then whacks you with a shinai if you answer anything but “Moo!”

Chief Justice Roberts, in a manner provocative of keen curiosity, and apparently at the last minute, evolved a new (and extremely Zen) jurisprudential philosophy, urging Supreme Court justices to adopt an extremist philosophy, strangely combining restraint with activism, out of an exaggerated deference to the alleged superior expertise and mandate of Heaven possessed by elected legislators.

Apparently when an elected Congress proceeds to violate the Constitution, according to Mr. Roberts, the good Supreme Court justice will peer skyward, mutter “tsk, tsk” to himself, and proceed to pore closely over the Constitution to find some loophole which can be used to finagle the violative legislative measure into Constitutional legitimacy. He will then wave from afar to the inhabitants of the American Republic, and in his heart wish them the best in capturing total control of both other branches of government, so they can repeal the atrocity.

Protecting Americans from the consequences of their electoral choices, Mr. Roberts explicitly assured us, is not his job.

It is implicitly our job to protect ourselves from having our rights trampled and the Constitution made into a mockery by either winning landslide electoral victories totally repudiating the party currently in power, or possibly by launching a successful armed revolution. And good luck to us, because we certainly are not going to be receiving any help from Mr. Roberts.

Adolph Hitler concluded in 1945 that the German people were demonstrably unworthy of his genius and deserved to lose, and the Russians were really the master race. Mr. Roberts clearly shares this kind of shape-up or ship-out view of Constitutionalism in an electoral democracy. If you lose elections, don’t go crying to Chief Justice Roberts’ Supreme Court. The correct rule is not what the Constitution says, or what the framers had in mind, but the will of the voting electorate as interpreted by the ukases of the successful professional politicians.

Win elections, control Congress and the White House, says Chief Justice Roberts. “There is no ‘try.'”


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