Tuesday, April 05, 2005
IF IT QUACKS LIKE A DUCK
Another means fascists use to consolidate their power is judicial intimidation. Hitler's brownshirts made sure every judge understood the severe price that would be payed for failing to uphold the positions of the Nazi Party. We now hear leaders of the Republican party, specifically House Majority Leader Tom DeLay and Texas Sen. John Cornan, openly threatening the judiciary. Not just "liberal activist judges". The entire judiciary. Cornan, on the senate floor, went so far as to expressly state that recent violence against judges was brought on by themselves, the result of a public perception of an unaccountable judiciary. Here, two of the most powerful men in the country are making a statement. They are saying to the US District Courts, the US Courts of Appeal, and the United States Supreme Court, "if you don't toe OUR line, your lives, and the lives of your loved ones, are in jeopardy"
The constitution makes the judiciary independent of the executive and legislative branches of government for good reason. It is to act as a check on politicians and political parties run amuck. The independent judiciary is the single greatest safe guard to our constitutional freedoms. Nobody understands this more than those politicians who despise freedom, for whom freedom stands in the way of their power and their cronies unbridled wealth.
It is one of life's truly strange paradoxes. You can't have freedom without democracy, but you can have democracy without freedom. It is why the Founding Fathers added the Bill of Rights to the Constitution. To protect the minority from the tyranny of the majority. It is the reason they gave us an independent judiciary. And it is the reason that both are under attack by the fascists among us.
Slate's Jurisprudence: Conservatives vs. Fed Courts
FOURTEEN CHARACTERISTICS COMMON TO FASCIST REGIMES