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Rise of a Judicial Dictatorship Patrick J Buchanan May 17
2004
When the Warren Court
handed down its most famous decision, Brown v. the Board of Education, on May
17, 1954, this writer had a ringside seat at a high school in the inner city
of Washington, D.C. While the Catholic schools
had been integrated since 1948 by Cardinal Patrick O'Boyle, D.C. public
schools remained segregated. But when the new school year began that fall,
desegregation was dramatic, swift and peaceful. Hopes for success were high.
The first sign of social
change one saw, hitchhiking to school from west of Rock Creek Park, however,
was of a bumper crop of "For Sale" signs in the front yards of row houses all
the way to the Capitol. The white working and middle classes were fleeing.
While hailing Brown,
Washington's social and political elites also headed for the
Maryland
and Virginia suburbs to enroll their kids or put them in private schools. In
little more than a decade, 96 percent of the children in the D.C. public
schools were black. Looking back half a
century, what are the positive results of that "experiment noble in purpose"
launched by the Warren Court? Here, they are hard to
find. Integration seems to have proven a false promise and a colossal failure.
While per-pupil expenditures are among the highest in the nation, the test
scores of children in these D.C. schools are among the lowest. In too many,
the kids are learning at levels three and four grades below the national norm.
So it has gone across
America, not only in the 17 Southern and border states affected by Brown, but
in Northern cities like Boston, where mass busing of schoolchildren was
ordered by federal judges to bring about a compulsory mixing of the races. The
white folks abandoned the city schools, and the city schools went down.
But that May day in 1954,
the Warren Court crossed a historic divide. It had executed, in the
name of the 14th Amendment, a coup d'etat. It had usurped power over state
schools that had never been granted to federal courts either in law or the
Constitution. The 14th Amendment had
been approved by the same Congress that presided over the segregated schools
of D.C. Thus it was obvious to all that that amendment did not outlaw what its
authors had approved. But the
Warren Court,
impatient at the torpor of the democratic process, had established itself as a
dictatorship of nine judges, and ordered the nation to do as it demanded.
The coup succeeded. Though
President Eisenhower was stunned by Brown, he and the Republican Congress
bowed and accepted the ruling as the law of the land to be enforced, if
necessary, by federal troops, as it would be at Central High in Little Rock in
1957. Now, having usurped a
right to write its own ideology into the Constitution and to impose its writ
on America, the Warren Court launched a social, cultural and moral revolution
and began openly to dictate to what had been a self-governing people.
Under this dictatorship,
radically secularist and egalitarian, America's public schools were as
de-Christianized as thoroughly as in the Soviet Union. Voluntary prayer and
Bible readings were abolished, and all replicas of the Ten Commandments taken
down. Easter pageants and Christmas carols were forbidden. Teachers wearing
Christian symbols were ordered to remove them. But the court's relentless
war to extirpate all expressions or symbols of Christianity from the public
square of a nation still predominantly Christian was but the beginning. In the
half century after Brown, the Supreme Court:
·
Declared
pornography, naked dancing in beer halls and burning the American flag to be
constitutionally protected speech.
·
Created new
rights for criminals and new restrictions for prosecutors, and outlawed the
death penalty for a generation.
·
Declared
abortion a constitutional right of all women and ruled that states cannot
protect babies from a grisly procedure that involves stabbing the child in the
head with scissors when halfway out of the womb.
·
Ordered all
state legislatures reapportioned on the basis of population alone.
·
Ordered VMI and
the Citadel to end their 150-year-old all-male cadet corps traditions and stop
saying grace before meals.
·
Abolished term
limits on members of Congress enacted in popular referenda.
·
Forbade Arizona
to make English the official language for state business and ordered
California – 60 percent of whose people had voted to end welfare to illegal
aliens – to restore welfare benefits.
·
Approved of
race discrimination against white students to advance the "compelling state
interest" of "diversity" in college.
·
Declared
homosexual sodomy a constitutional right. Today, we meekly await the
court's judgment on whether we will have to legalize marriage between
homosexuals. Were George III to return to life, he would roar with laughter at
what a flock of sheep the descendants of the American rebels have become. © 2004 Creators Syndicate, Inc. Click here for printable version. Click here for Daily Column Archives .
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