On reading Malanga's 'Brennan’s Revenge' I'm shocked, appalled and flabbergasted that the USA will be the first state in history to become socialist via the judiciary.
I have always been a believer in the “spirit of the law”. What in many articles, blogs and TV shows, some in the pages of the “City Journal”, I have seen is the “letter of the law” that permeates USA. It is a consequence of the puritan ethic that migrated to America, (and its Constitution writers). There is an innate desire to codify behavior by a sect to remain true and pure to its ideals. When this becomes national and struck in law then that sects ideals become exclusive and rob other sects of their identity. I'm using sect as a generic for a group or association that defines its self by some nature such as job or religious belief or other belief or race. This robs that organization evolution to change, – something that is needed to change course from a dead end policy to new fields.
As an aside, the Constitution writers failed the test to the ideals of the Constitution by having nigger slaves as chattels in their own households. So the highly esteemed and admired modern state of USA was born in a lie too too big to see.
That lie continues today in one man demanding a fellow traveler to be tenured against bad character or no skills till a judge could see the 'emperors new clothes' in Ben Boychuk's “Tenure Denied” else where in these pages.
But Brennan’s beliefs extend into his work area – law – and just as religion should play no part in law his beliefs should be kept to himself and not imposed on others just by his status.
It is something USA finds compelling to tell the world “Be pure and free like us” while living the lie – niggers are inferior – the state can make high grade adults – we all must live equally well yet not pay our taxes to support ourselves thus.
And everywhere death and destruction follows the USA lie – Banana Republics, Corporate exceptionalism and now that USA xerox state Iraq falling to religious zealots, which is where I started this rant!!
What “American Dream”
Wake up and welcome to America's nightmare.
USA's future is in Dante's Inferno and the many medieval paintings of hell.
Waal, the state legislatures could re-assert their prerogatives here (if the left cared anything for neutral democratic procedure). A state constitutional amendment is not that difficult to enact most places. Another option would be to shut down the court of last resort through the appropriations process. Ultimately, spinelessness by politicians and voters and criminality on the part of the bar and the Democratic Party is manifest here.
Steve, Brilliant piece of work .... but HOW do ordinary citizens (e.g., Private Sector Taxpayers) NOT benefiting from judicial activism (as do for example, Public Sector workers) regain control of their government (and their finances) when those making the decisions (the judges) ARE the problem AND, often benefit financially from their own decisions?
Wonderful,thoughtful,accurate. Malenga has done geat work in the field of public pension problems in the past, but this might be his best. Unless policy makers can take back the making of policy from the courts, our "Millenial Generation" will have much more than student loan debt to pay in the decades to come.