The Court’s Inconsistency
Scotus, Abortion, and the Common Defense
by Rodney Dodsworth | December 16, 2019
In 1918, Scotus settled the issue of WWI conscription v. the 13th Amendment’s ban on involuntary servitude. Borrowing from Vattel, the court majority wrote in the Selective Draft Law Cases:
The highest duty of the citizen is to bear arms at the call of the nation. This duty is inherent in citizenship; without it and the correlative power of the State to compel its performance, society could not be maintained. It is a contradiction in terms to say that the United States is a sovereign and yet lacks this power of self-defense.
So, the Scotus boldly defended the survival of society and the republic. In the Draft Law Cases, Scotus aligned with our Framers and determined our continuance as a nation and community as government’s first duty. Thousands might die in battle that millions may live.
Contrast the continuance of the American republic and the society on which it rests with the Scotus’ defense of abortion.
Sixty-five million Americans and counting. Poof! Gone. The Left, which is big into recycling, doesn’t see it that way. To them, recycling babies into dollars to buy Ferraris is no different from recycling plastic bottles into Ferrari dashboards. Millions die so that an equal number are not inconvenienced. Casting the wholesale termination of the next generation as an absolute right superior to all others surely threatens society’s continuance . . . America’s posterity.
What gives? Protecting American lives and culture figured large to our Framers. Society summarized its objectives, as outlined in the Preamble to our Constitution with “Secure the Blessings of Liberty to ourselves and our Posterity.” We command our government to think ahead, to consider the effects of what it does today to future Americans. Corollary to doing what is proper is to avoid doing wrong. Don’t do today that which could harm future generations. Shouldn’t “first do no harm” be the starting consideration of every governmental action?
Our republic blunders along in this contradiction. From our Declaration’s statement of right to life, to a Constitution written to defend life, to conscription statutes that compel men to perhaps die in defense of fellow citizens, Scotus in one sense stands ready to defend American lives and community. Yet in greater ways it promotes the coarsening of society and its demise.
This is the sort of inconsistency and contra-constitutionality that sets my blood to boil when I view the Supreme Court. Their black robes, the garb designed to induce respect for their judgement, only worsens my disgust. Scotus is often just another political body. The United States are on auto-pilot to destruction and Scotus dialed in the compass course. Scotus sets its precedent superior to all else, even God. Nations can violate their own rules set forth in Constitutions. They can also violate God’s laws . . . for a while.