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Think SCOTUS’s newly invented “fundamental right” to same-sex marriage ends here? [Darleen Click]

Let’s see how Canada is faring, shall we?

18 Replies to “Think SCOTUS’s newly invented “fundamental right” to same-sex marriage ends here? [Darleen Click]”

  1. newrouter says:

    same race neighborhoods? oh my they fuck up the 9th and 10th.

    failshit amerikkica

    In housing case, Justice Kennedy’s eyes are wide shut

  2. steph says:

    Goodnight America! Goodnight.

  3. LBascom says:

    Well, now that the rebel flag has been banned and the supremes have removed all illusions of states rights, I move we ban the American flag (which is as stained as the rebel flag, maybe worse considering the treatment of native Americans) and rename the country “the United State”. The new flag should have only one (beige) star, and the bars multicolored. No white.

    Congress, no longer having any reason for being, will be absorbed by the executive and reimagined as the Department of lobby

  4. newrouter says:

    eff the ’70’s

    Talking Heads – Talking Heads: 77

    https://www.youtube.com/watch?v=j2y77QjFnuk

  5. newrouter says:

    >I

    A SPECTER is haunting Eastern Europe: the specter of what in the West is called “dissent.” This specter has not appeared out of thin air. It is a natural and inevitable consequence of the present historical phase of the system it is haunting. It was born at a time when this system, for a thousand reasons, can no longer base itself on the unadulterated, brutal, and arbitrary application of power, eliminating all expressions of nonconformity. What is more, the system has become so ossified politically that there is practically no way for such nonconformity to be implemented within its official structures.

    Who are these so-called dissidents? Where does their point of view come from, and what importance does it have? What is the significance of the “independent initiatives” in which “dissidents” collaborate, and what real chances do such initiatives have of success? Is it appropriate to refer to “dissidents” as an opposition? If so, what exactly is such an opposition within the framework of this system? What does it do? What role does it play in society? What are its hopes and on what are they based? Is it within the power of the “dissidents”—as a category of subcitizen outside the power establishment—to have any influence at all on society and the social system? Can they actually change anything?

    I think that an examination of these questions—an examination of the potential of the “powerless”—can only begin with an examination of the nature of power in the circumstances in which these powerless people operate.

    II

    OUR SYSTEM is most frequently characterized as a dictatorship or, more precisely, as the dictatorship of a political bureaucracy over a society which has undergone economic and social leveling. I am afraid that the term “dictatorship,” regardless of how intelligible it may otherwise be, tends to obscure rather than clarify the real nature of power in this system. We usually associate the term with the notion of a small group of people who take over the government of a given country by force; their power is wielded openly, using the direct instruments of power at their disposal, and they are easily distinguished socially from the majority over whom they rule. One of the essential aspects of this traditional or classical notion of dictatorship is the assumption that it is temporary, ephemeral, lacking historical roots. Its existence seems to be bound up with the lives of those who established it. It is usually local in extent and significance, and regardless of the ideology it utilizes to grant itself legitimacy, its power derives ultimately from the numbers and the armed might of its soldiers and police. The principal threat to its existence is felt to be the possibility that someone better equipped in this sense might appear and overthrow it.

    Even this very superficial overview should make it clear that the system in which we live has very little in common with a classical dictatorship. In the first place, our system is not limited in a local, geographical sense; rather, it holds sway over a huge power bloc controlled by one of the two superpowers. And although it quite naturally exhibits a number of local and historical variations, the range of these variations is fundamentally circumscribed by a single, unifying framework throughout the power bloc. Not only is the dictatorship everywhere based on the same principles and structured in the same way (that is, in the way evolved by the ruling super power), but each country has been completely penetrated by a network of manipulatory instruments controlled by the superpower center and totally subordinated to its interests. In the stalemated world of nuclear parity, of course, that circumstance endows the system with an unprecedented degree of external stability compared with classical dictatorships. Many local crises which, in an isolated state, would lead to a change in the system, can be resolved through direct intervention by the armed forces of the rest of the bloc.

    In the second place, if a feature of classical dictatorships is their lack of historical roots (frequently they appear to be no more than historical freaks, the fortuitous consequence of fortuitous social processes or of human and mob tendencies), the same cannot be said so facilely about our system. For even though our dictatorship has long since alienated itself completely from the social movements that give birth to it, the authenticity of these movements (and I am thinking of the proletarian and socialist movements of the nineteenth century) gives it undeniable historicity. These origins provided a solid foundation of sorts on which it could build until it became the utterly new social and political reality it is today, which has become so inextricably a part of the structure of the modern world. A feature of those historical origins was the “correct” understanding of social conflicts in the period from which those original movements emerged. The fact that at the very core of this “correct” understanding there was a genetic disposition toward the monstrous alienation characteristic of its subsequence development is not essential here. And in any case, this element also grew organically from the climate of that time and therefore can be said to have its origin there as well.

    One legacy of that original “correct” understanding is a third peculiarity that makes our systems different from other modern dictatorships: it commands an incomparably more precise, logically structured, generally comprehensible and, in essence, extremely flexible ideology that, in its elaborateness and completeness, is almost a secularized religion. It of fears a ready answer to any question whatsoever; it can scarcely be accepted only in part, and accepting it has profound implications for human life. In an era when metaphysical and existential certainties are in a state of crisis, when people are being uprooted and alienated and are losing their sense of what this world means, this ideology inevitably has a certain hypnotic charm. To wandering humankind it offers an immediately available home: all one has to do is accept it, and suddenly everything becomes clear once more, life takes on new meaning, and all mysteries, unanswered questions, anxiety, and loneliness vanish. Of course, one pays dearly for this low-rent home: the price is abdication of one’s own reason, conscience, and responsibility, for an essential aspect of this ideology is the consignment of reason and conscience to a higher authority. The principle involved here is that the center of power is identical with the center of truth. (In our case, the connection with Byzantine theocracy is direct: the highest secular authority is identical with the highest spiritual authority.) It is true of course that, all this aside, ideology no longer has any great influence on people, at least within our bloc (with the possible exception of Russia, where the serf mentality, with its blind, fatalistic respect for rulers and its automatic acceptance of all their claims, is still dominant and combined with a superpower patriotism which traditionally places the interests of empire higher than the interests of humanity). But this is not important, because ideology plays its role in our system very well (an issue to which I will return) precisely because it is what it is.

    Fourth, the technique of exercising power in traditional dictatorships contains a necessary element of improvisation. The mechanisms for wielding power are for the most part not established firmly, and there is considerable room for accident and for the arbitrary and unregulated application of power. Socially, psychologically, and physically, conditions still exist for the expression of some form of opposition. In short, there are many seams on the surface which can split apart before the entire power structure has managed to stabilize. Our system, on the other hand, has been developing in the Soviet Union for over sixty years, and for approximately thirty years in Eastern Europe; moreover, several of its long-established structural features are derived from Czarist absolutism. In terms of the physical aspects of power, this has led to the creation of such intricate and well-developed mechanisms for the direct and indirect manipulation of the entire population that, as a physical power base, it represents something radically new. At the same time, let us not forget that the system is made significantly more effective by state ownership and central direction of all the means of production. This gives the power structure an unprecedented and uncontrollable capacity to invest in itself (in the areas of the bureaucracy and the police, for example) and makes it easier for that structure, as the sole employer, to manipulate the day-to-day existence of all citizens.

    Finally, if an atmosphere of revolutionary excitement, heroism, dedication, and boisterous violence on all sides characterizes classical dictatorships, then the last traces of such an atmosphere have vanished from the Soviet bloc. For some time now this bloc has ceased to be a kind of enclave, isolated from the rest of the developed world and immune to processes occurring in it. To the contrary, the Soviet bloc is an integral part of that larger world, and it shares and shapes the world’s destiny. This means in concrete terms that the hierarchy of values existing in the developed countries of the West has, in essence, appeared in our society (the long period of co-existence with the West has only hastened this process). In other words, what we have here is simply another form of the consumer and industrial society, with all its concomitant social, intellectual, and psychological consequences. It is impossible to understand the nature of power in our system properly without taking this into account.

    The profound difference between our system—in terms of the nature of power—and what we traditionally understand by dictatorship, a difference I hope is clear even from this quite superficial comparison, has caused me to search for some term appropriate for our system, purely for the purposes of this essay. If I refer to it henceforth as a “post-totalitarian” system, I am fully aware that this is perhaps not the most precise term, but I am unable to think of a better one. I do not wish to imply by the prefix “post” that the system is no longer totalitarian; on the contrary, I mean that it is totalitarian in a way fundamentally different from classical dictatorships, different from totalitarianism as we usually understand it.<

    http://vaclavhavel.cz/showtrans.php?cat=eseje&val=2_aj_eseje.html&typ=HTML

  6. LBascom says:

    Crap hit post too soon!

    Anyway, in the United State, the SCOTUS will principally be responsible for conceiving the proper state of mind we are to unite under. The justice department will vigorously tax any thoughts not mandated by the court.

    The president will have absalute authority over all persons in the United State, including the SCJ’s, and in the world only subject to the UN Global Councel.

  7. LBascom says:

    In the new U.S., there will no longer be traditional classes, upper, middle, poor. They will be lawyers, plaintiffs, and the accused. Accusations of thought crimes (ie, thinking un-mandated thoughts), depending on the gravity of the thought, can result in arrest, confiscation of will, and of course, stiff taxes.

  8. geoffb says:

    Do you think maybe one of the “girls” gave them a “heads up.”

  9. LBascom says:

    Geoffb, got a no hot linking 1011 error on your link.

  10. geoffb says:

    Sorry, I didn’t notice they didn’t link to the Tweet just their image grab of it so try, here, and here.

  11. dicentra says:

    Besides driving Christians and observant Jews out beyond the pale (Muslims, Buddhists, Hindus, Sikhs will get a pass), destroying family ties is an equally desirable goal for the Left.

    If marriage and family are permitted to exist autonomously, power can be de-centralized in society. So the family has always been a thorn in the side of central planners and totalitarians. The connection between its abolition and the limitless growth of the state should be crystal clear. So anyone who has bought into this movement, or is tempted to do so, would want to step back and take a harder look.

    It drives me nuts that people think there’s a legal way to wriggle free from the bullies:

    Too many Americans seem hypnotized by the slogan that abolishing civil marriage will “get the state out of the marriage business.” No. It sure as heck won’t. Have you ever heard anyone who makes this claim explain exactly how it gets the state “out”? I haven’t, and I’ve concluded that’s because it does no such thing. Rather, by abolishing marriage, you simply give the state permission to refuse to recognize your marriage, and its attendant rights and responsibilities. This refusal inevitably extends to the rest of family relationships, including parent-child.

    If we “get gubmint out of marriage” (and I don’t mean getting rid of the licence but of removing legal recognition), we’re effectively burning down our house to spite the arsonists.

    Marriage predates any state and its functions and benefits exist independently of tax and property laws. We The People commissioned gubmint to be the neutral record-keeper (in lieu of an official state church) but then Woodrow Wilson devised the “permission slip” (licence) to prevent interracial marriage, and lots of people (including Glenn Beck: grrrr) think that’s why gubmint needs to “get out of the marriage business.”

    Yeah, let’s do that. Let’s expose ourselves to further state usurpation of parental rights. Let’s pretend that the Purgers can be restrained by a technicality. Let’s imagine that the Left hasn’t already decided to ignore any law it hates and impose any restriction it deems necessary.

    This is just the beginning.

    Molon labe.

  12. geoffb says:

    Get ready for the virtual tolerance.

  13. tracycoyle says:

    Just to note, I am here. LBascom, I loved your reorganization of the branches.

  14. […] Protein Wisdom: What is next…………. […]

  15. To Di’s well-stated remarks: from Justice Thomas’s Dissent:

    To the extent that the Framers would have recognized a natural right to marriage that fell within the broader definition of liberty, it would not have included a right to governmental recognition and benefits. Instead, it would have included a right to engage in the very same activities that petitioners have been left free to engage in—making vows, holding religious ceremonies celebrating those vows, raising children, and otherwise enjoying the society of one’s spouse—without governmental interference. At the founding, such conduct was understood to predate government, not to flow from it. As Locke had explained many years earlier, “The first society was between man and wife, which gave beginning to that between parents and children.” Locke §77, at 39; see also J. Wilson, Lectures on Law, in 2 Collected Works of James Wilson 1068 (K. Hall and M. Hall eds. 2007) (concluding “that to the institution of marriage the true origin of society must be traced”). Petitioners misunderstand the institution of marriage when they say that it would “mean little” absent governmental recognition. Brief for Petitioners in No. 14– 556, p. 33.

    And: From a Footnote on the same page:

    5 The suggestion of petitioners and their amici that antimiscegenation laws are akin to laws defining marriage as between one man and one woman is both offensive and inaccurate. “America’s earliest laws against interracial sex and marriage were spawned by slavery.” P. Pascoe, What Comes Naturally: Miscegenation Law and the Making of Race in America 19 (2009). …Laws defining marriage as between one man and one woman do not share this sordid history. The traditional definition of marriage has prevailed in every society that has recognized marriage throughout history. Brief for Scholars of History and Related Disciplines as Amici Curiae 1. It arose not out of a desire to shore up an invidious institution like slavery, but out of a desire “to increase the likelihood that children will be born and raised in stable and enduring family units by both the mothers and the fathers who brought them into this world.” Id., at 8. And it has existed in civilizations containing all manner of views on homosexuality. See Brief for Ryan T. Anderson as Amicus Curiae 11–12 (explaining that several famous ancient Greeks wrote approvingly of the traditional definition of marriage, though same-sex sexual relations were common in Greece at the time).

  16. mileycyrussays says:

    Waaaa!! It’s harder to be a state sanctioned bigot. Waaa!

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