One has to feel a bit of sympathy for autocrats like Louis 14. After all, edicts were issued under quite a few less layers of clothing in that period. Today our rulers find power’s naked form far too gauche to display so openly as he. So instead, they shield clitoral erections behind a scrap of paper while jabbing fingers at phantom penumbrae. The Constitution may not say what we assure it intends, but we can feel the emanations.
And it is from those dank shafts of disingenuousness that raw dominion is mined. Borne at crotch level, this tattered document is wielded as a magical talisman. Lowly lumpenproles wait sullenly every supreme court session to learn what will be the latest of their founding traditions to be defenestrated.
Because like some over-credulous paleskinned natives, more cunning opponents have convinced them The Constitution is something other than a figleaf for fiat. A tribunal decides what the public will and will not be permitted, and then issues a bald edict under the auspices of an inanimate object. Does anyone actually think that if it were instead 50 pages of All work and no play makes Anthony a dull boy Mr. Kennedy’s gay marriage opinion would have varied? Well it would have, in length alone. For without the burden of sententious rationalization, his position would have been far more piquantly succinct: Homosex marriage because I say so bitchez. Now eat it…literally.
In other words, we are the constitution.
I was contemplating this while reading of the Rowan County Kentucky clerk Kim Davis who was jailed by a conservative federal judge for (in the words of liberals everywhere) “breaking the law.” This for not issuing marriage licenses to dewy-in-love couples eager to don matching gimp suits as husband and husband. So as law obviously differs from pronouncement I began to search for the applicable statutes she may have violated. Here is the marriage law of the commonwealth for which Ms. Davis works.
Valid or recognized marriage — Legal status of unmarried individuals.
Only a marriage between one man and one woman shall be valid or recognized as a marriage in Kentucky. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.
This a result of Kentucky Constitutional Amendment 1 which was barely passed on a 75% yes vote. That is the official law of her state and employer. So she is presently in jail not for having broken a law, but for refusing to do so. Though it would be presumptuous to expect liberals to make such fine distinctions. Because their point is valid, if not the one they intend to make.
The Supreme Court was not chartered as a legislative body, though that is now its unchallenged function (our nominal legislators being indisposed while servicing Adelson like cleaner shrimp.) Thus everytime Kennedy et al pull an unstated constitutional right writhing into the light, it is legislation in flagrante delicto. And what is the mere will of a nation’s people to that of their august jurists?
They are the law.