Two days before the United States celebrated Independence Day in 2021, a pathetic majority of justices on the Supreme Court published an opinion that exhibits, not only their reckless indifference to the truth, but also their contempt for the Mission Statement, the Value Proposition, and the Cardinal Precepts of the United States Constitution. Certain justices have, throughout their tenure, been perpetrating a fraud upon We the People of the United States. They have clearly set-aside what is arguably The Spirit of the Law. They are compulsively straining at gnats while also swallowing camels.
In the 1290s another Scotus, Scottish Catholic priest and Franciscan friar Dun Scotus Ordinatio, penned the phrase consent of the governed. The principle influenced Declaration of Arbroath in 1320. The idea was mentioned in 1433 by Nicholas of Cusa in De Concordantia Catholica. Vindiciae contra tyrannos stated “…the power of the ruler is delegated by the people and continues only with their consent.” In England, the Levellers also embraced this principle of government.
John Milton wrote about the power of kings and magistrates saying it “is nothing else, but what is only derivative, transferred and committed to them in trust from the people, to the common good of them all, in whom the power yet remains fundamentally, and cannot be taken from them, without a violation of their natural birthright.” The quintessential conservative, Edmond Burke, wrote that rulers are only “trustees for the people” and, in describing the character of an effective leader he said: “the temper of the people amongst whom he presides ought therefore to be the first study of a Statesman.”
Contrast this with the prevarications of those pretenders that occupy positions of honor and trust on the United States Supreme Court. To characterize the Americans For Prosperity Foundation as a “charity,” as if it is engaged in charitable service is to advance a thoroughly dumbed down legal definition to the point of absurdity. Like so many faux corporations, that the Supremes have elevated to the status of persons, AFP is primarily engaged in distorting the public discourse on behalf of the inheritors, skimmers, and hoarders of wealth in ways that work to the detriment of everyone else.
Justice Roberts, Kavanaugh, Barrett, Alito, and Gorsuch are each beholden to such dark money contributors. Their nominations, confirmations, and accommodations are undergirded by players such as the Kochs, that have secured an outsized political influence by means of the dollar skew. The justice’s corrosive influence, on the democracy underpinnings of our constitutionally grounded democratic republic is no longer deniable.
The modern day deceiver has traded his witness for a masquerade, steadily refining his craft through selective amplification, filtration, and contextualization. About seven hundred billionaires control the information flow for a country of three-hundred and thirty-one million citizens within the United States. Recent SCOTUS decisions concerning the concentration of media power also serve to enable those lacking the courage of their own convictions so they can express themselves through anonymous donations to political action committees.
There was a time, when sending an unsigned letter was widely considered an act of cowardice. The honest of heart would express an opinion over their own signature. But the Justices have converted what was once described as a whirlpool of information into a cesspool of disinformation through their complicity with the most cowardly actors among us. Feigning reverence for the Constitution of the United States, while actively working to undermine it, is the means by which the Supreme Court has placed the value proposition for our country squarely on a plane of unreality. Such judicial malfeasance serves to demotivate those who are the enthusiastic raisers, builders, and producers that have been more than willing to take our enterprises, our country and our entire planet from one level of attainment to the next.
The most integrity challenged justices on the court are addicted to the dark money by which they secured their form-fitting seats. Their strangely sociopathic form of corporate personhood is pure fiction. Their assertions of equal justice under law is also fiction. Their subterfuge, with respect to maintaining the system, whereby a black man or woman will never amount to more that three fifths of a person, is abhorrent. But it is their masquerade as originalists and textualists, while discarding the Preamble to the United States Constitution that is most problematic; for it is the way they skirt their obligations as conferred through the judicial oath. Such justices are unworthy to hold any position of honor and trust.
The “Consent of the Governed” as advanced through the Declaration of Independence, presupposes an informed consent. The 1948 Universal Declaration of Human Rights put forth by the United Nations in Article 21 states that “The will of the people shall be the basis of the authority of government”. In the final analysis, government of, by, and for the people is the only design that is truly sustainable. It is the only one that is spiritually serviceable; as it alone has the power to elicit the fully informed and enthusiastic consent of the governed.