Symposium: The SCOTUS suicide pact

Fabian Socialist Society motto etched in stained glass (1910): "REMOULD IT [the world] NEARER TO THE HEART'S DESIRE." Note: Their crest is a wolf in sheep's clothing.

Socrates (470-399 B.C.) – a renowned Greek philosopher from Athens who taught Plato. Plato taught Aristotle and Aristotle taught Alexander the Great. Socrates used a method of teaching by asking leading questions. The Greeks called this form dialectic – starting from a thesis or question, then discussing ideas and moving back and forth between points of view to determine how well ideas stand up to critical review, with the ultimate principle of the dialogue being Veritas – Truth.

Characters:

Socrates
Justice Kennedy
Justice Scalia
Attorney ACLU
President Barack Obama
Professors Cloward and Piven

Socrates: We are gathered here today at my Symposium to revisit this extraordinary question: If what Justice Robert Jackson said in a 1949 dissenting opinion [Terminiello] is true that the U.S. Constitution is not a suicide pact, then what should be done to those traitors (including judges and politicians) who have worked fanatically and ceaselessly to turn the Constitution's liberties and freedoms against We the People and in effect transformed the Constitution into a suicide pact?

I present this dialectical question to this Symposium in the context of the recent 5-4 U.S. Supreme Court decision ordering California to release tens of thousands of prison inmates.

Attorney ACLU: Reducing the number of people in prison not only would save the state taxpayers half a billion annually, it would lead to the implementation of truly rehabilitative programs that lower recidivism rates and create safer communities.

Justice Kennedy: {arrogant tone} As the moderate, or "swing vote," on this court of last appeal, I am in essence a one-man dictatorship. If I choose to vote with the conservatives, then the Framers' original intent will be the law. If I choose to vote with the socialist wing of the court, then socialism, communism, anarchy and genocide will be the law of the land.

The law, the Constitution, is what I, Justice Anthony Kennedy, say it is!

Socrates: This isn't the first time in the history of American jurisprudence that a radical judge tried to usurp powers not expressly enumerated to the judicial branch by the Constitution. In the early 1830s, President Andrew Jackson was incensed at Chief Justice John Marshall's two decisions in Cherokee Nations v. Georgia (1831) and Worcester v. Georgia (1832) where Marshall upheld the Cherokee Indians' rights to lands within Georgia and held, in part, that:

The Indians were "domestic dependent nations" under the sovereignty and dominion of the United States, and that they had unquestionable right to the lands they occupied until title should be extinguished by voluntary cession to the United States.

The following year, Justice Marshall extended his opinion:

In this case [Worcester v. Georgia], Chief Justice John Marshall went further and opined that the Cherokee nation was a distinct political community having territorial boundaries within which the state of Georgia had no right to enter except with the permission of the Cherokees. Georgia refused to recognize the court in this matter by not even appearing at the bar of the court and refusing to release Worcester.

Socrates: President Obama, please recount to this Symposium about your socialist judicial philosophy regarding the Constitution as expressed in that Chicago radio interview you did 10 years ago.

President Obama: The Supreme Court never ventured into the issues of redistribution of wealth, and of more basic issues such as political and economic justice in society. To that extent, as radical as I think people try to characterize the Warren Court, it wasn't that radical. It didn't break free from the essential constraints that were placed by the Founding Fathers in the Constitution, at least as it's been interpreted, and the Warren Court interpreted in the same way, that generally the Constitution is a charter of negative liberties. Says what the states can't do to you. Says what the federal government can't do to you, but doesn't say what the federal government or state government must do on your behalf.

Professors Cloward and Piven: Under the shameless pretext of "ending poverty" in order to save the socialist system, you've got to collapse the whole system, to deconstruct the entire government. Total annihilation of all wealth is the final phase of the Cloward Piven strategy. Therefore, we agree that tens of thousands of largely poor minorities held in prison be freed, as the court wisely mandated.

Justice Scalia: I find the majority opinion to be "staggering" and "absurd." The court has effectively pushed the state of California to the precipice of national suicide by releasing 46,000 hardcore prisoners upon society in order to relieve prison overcrowding. Indeed, terrible things are sure to happen as a consequence of this outrageous order. Thank God my colleagues agreed that California officials should be given more time to make the needed reductions.

Justice Kennedy: History won't blame me for the mayhem and murder my opinion will surely unleash upon my own country, for I insisted that for the state to make 54 prisoners use one toilet amounts to an Eighth Amendment prohibition against "cruel and unusual punishment."

Socrates: Just as my people, the ancient Greeks allowed systemic moral, religious and political perversions to rot the city-states from the inside out, so likewise has America allowed a small, cloistered, treasonous oligarchy to pass insanely pathological laws like freeing thousands of murderous criminals upon society. To add injury to insult, the justices fear no retribution upon their heads by the people. This criminal judicial decree violates every natural law in that the intended effect is to collapse American society in socialism, anarchy, nihilism and national suicide.

We Greeks called the release of such gargantuan wickedness upon society opening Pandora's box.

During this decadent age of effeminate, cowardly and ignorant men whose principles shift with the winds, what man, what heroic figure will stand tall, strong and true and say without equivocation like Achilles, like Hercules, like Prometheus … like President Andrew Jackson, who said in 1832 what needs to be said this day regarding the naked judicial activism of Chief Justice John Marshall? – "[Justice Anthony Kennedy] has made his decision; now let him enforce it!"