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Saturday, June 29, 2013

 

Mark Steyn: "We might as well put the Constitution out of its misery. "

As a set-up he points out the ridiculous amnesty bill passed by the Senate:
For example, Section 5(b)(1):

Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a strategy, to be known as the ‘Southern Border Fencing Strategy’ . . .

On the other hand, Section 5(b)(5):


Notwithstanding paragraph (1), nothing in this subsection shall require the Secretary to install fencing . . .

Asked to reconcile these two paragraphs, Senator Hoeven explained that, “when I read through that with my lawyer,” the guy said relax, don’t worry about it. (I paraphrase, but barely.) So Senator Hoeven and 67 other senators went ahead the following day and approved the usual bazillion-page we-have-to-pass-it-to-find-out-what’s-in-it omnibus bill, cooked up in the backrooms, released late on a Friday afternoon and passed in nothing flat after Harry Reid decreed there’s no need for further debate

But then gets to the heart of the matter, the Supremes and gay marriage:
Just when you thought the day couldn’t get any more momentous, the Supreme Court weighed in on same-sex marriage. When less advanced societies wish to introduce gay marriage, the people’s elected representatives assemble in parliament and pass a law. That’s how they did it in the Netherlands, Belgium, Spain, Norway, Sweden, Portugal, etc. But one shudders to contemplate what would result were the legislative class to attempt “comprehensive marriage reform,” complete with tax breaks for Maine lobstermen’s au pairs and the hiring of 20,000 new IRS agents to verify business expenses for page boys from disparate-impact groups. So instead it fell to five out of nine judges, which means it fell to Anthony Kennedy, because he’s the guy who swings both ways. Thus, Supreme Intergalactic Emperor Anthony gets to decide the issue for 300 million people.

As Spider-Man’s Uncle Ben so famously says in every remake, with great power comes great responsibility. Having assumed the power to redefine a societal institution that predates the United States by thousands of years, Emperor Tony the All-Wise had the responsibility at least to work up the semblance of a legal argument. Instead, he struck down the Defense of Marriage Act on the grounds that those responsible for it were motivated by an “improper animus” against a “politically unpopular group” they wished to “disparage,” “demean,” and “humiliate” as “unworthy.” What stump-toothed knuckle-dragging inbred swamp-dwellers from which hellish Bible Belt redoubt would do such a thing? Well, fortunately, we have their names on the record: The DOMA legislators who were driven by their need to “harm” gay people include notorious homophobe Democrats Chuck Schumer, Pat Leahy, Harry Reid, Joe Biden, and the virulent anti-gay hater who signed it into law, Bill Clinton.
To take Kennedy's animus against conservatives to it's logical conclusion:
There is something deeply weird, not to say grubby and dishonest, about this. In its imputation of motive to those who disagree with it, this opinion is more disreputable than Roe v. Wade — and with potentially unbounded application. To return to the immigration bill, and all its assurances that those amnestied will “go to the end of the line” and have to wait longer for full-blown green cards and longer still for citizenship, do you seriously think any of that hooey will survive its first encounter with a federal judge? In much of the Southwest, you’d have jurisdictions with a majority of Hispanic residents living under an elderly, disproportionately white voting roll. You can cut-and-paste Kennedy’s guff about “improper animus” toward “a group of people” straight into the first immigration appeal, and a thousand more. And that’s supposing the administrative agencies pay any attention to the “safeguards” in the first place.

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