Tuesday, June 26, 2012

To Justice Scalia: Shape up or Ship out

For the sake of argument I'll give Justice Scalia his protest, rule of law or not. What the good justice fails to remember, other than the fact that he marginalizes the gravity of his tenure through politically charged outbursts, is the Constitution was deliberately crafted with contradictions to allow future generations to sort them out as those contradictions became central confusions to our way of life. Without them we would need no Supreme Court in the first place. Those inherent contradictions give the Supreme Court a reason to get up in the morning. But Scalia acts like he would rather fuss incoherently in his sleep. The fact that there is an accommodation to allow additional states into the union complicates immigration policy. The fact that Jefferson bought Louisiana from the French complicates immigration policy. The fact that we fought Mexico for Texas and that Mexico historically disputed that border complicates immigration policy. The fact that the people of Mexico and Central America roamed the Pacific Coast seasonally for their livelihood long before California became a state complicates immigration policy. The fact that Arizona and New Mexico have only been States for 100 years complicates immigration policy. The fact that the 14th Amendment decreed former slaves as citizens complicates immigration policy. The fact that we have the power to impose the Monroe Doctrine complicates our immigration policy. The fact the we allow refugee status based on which corrupt government we support and which we do not complicates our immigration policy. And the fact that over two and a quarter centuries individual states have displayed such hard heartedness in application of states' rights that the federal government ultimately steps in to maintain uniformity of purpose legitimizes the need for a sovereign right of the federal government to effect and enforce laws that may otherwise complicate the relationships between the individual states and sovereign nations they can not make treaties with. So, Justice Scalia, stop acting like a child and begin to perform your duties according to the oath you took when your selection to our highest court was confirmed. Commit to calming the stormy waters of our contradictory existence or resign.

No comments:

Post a Comment