My father and I were discussing the recent Supreme Court ruling in the Gonzalez v Carhart case last week. I had expressed some concerns for the manner in which the the Constitutionality of the bill was validated. I felt the move was politically motivated and not necessarily in the best interest of upholding the Constitution. Also, Justice Thomas' concurring opinion raised some questions for me as he specifically points to the fact that he feels the ruling is unconstitutional and hints that he disagrees with the bill being passed under the Commerce Clause. Thomas and Scalia basically admit that their motives were purely political. Here is what my father had to say to follow up our conversation:
As always, it was a pleasure talking to you last night. The case that escaped me last night was Plessy v. Ferguson. Of special interest in this case is Justice Harlan's dissent. It is a great read and a truly thoughtful statement. On the other side of the coin is the pathetic reasoning in West Coast Hotel Company v. Parrish. This is the first of the three case usually and accurately identified as the breakdown in the rule of law within the Supreme Court (the other two being National Labor Relations Board v. Jones and Laughlin Steel Corp. and Helvering v. Davis). I believe these are the three most significant cases in terms of the courts buckling to political pressure until Griswold v. Connecticut. Griswold is the case that set the ground work for Roe.
On interstate commerce, look up two acts that revitalized the Interstate Commerse Commission in the first decade of the 20th century: the Elkins Act of 1903 and the Hepburn Act of 1906. Both the court rulings and the congressional actions were driven by the attitudes developed during the Progressive Era. I believe the progressive thought and the two Roosevelt presidents did more to destroy the basic fabric of our legal system than anything before or since. All the legal foolishness since has been founded on the foundation developed in the three cases cited above. They looked at the social impact of the law not the law itself. Our Constitutional system has never been the same since. Part of Jaffa's criticism of the courts is due to the fact that conservatives have been forced, in a sense, to play by these same corrupt rules. I believe this is what you find objectionable to the recent court ruling. Let me assure you that any true defender of constitutional legititmacy weeps over this change in the nature of the courts as well. But never lose sight of the reality that this all resulted from the progressive mindset of the early 20th century.
If a political movement develops that holds out the promise of returning to the founders original intentions, I will do anything in my power to support that cause. I would rather die knowing I had supported that opportunity than live knowing I had shirked my obiligation.
Quite a bit here for me to contemplate. I recognize less than half of the cases that he tosses at me. I have to keep reminding myself of how little I know. Basically, I need to stop having opinions.
Humbly submitted,
LCC
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