Last week I reflected on words and how redefining them at will make the standards based on these words meaningless (Link to blog). I wrote the earlier blog anticipating a redefinition of terms in the upcoming supreme court decision on Obamacare. My wildest dreams or nightmares did not anticipate the irresponsible nature of the courts imaginary use of terms to redefine the law.
The court redefined the word penalty as tax. This is the same as the store redefining the word dozen in my last blog. Another way of seeing this is calling the fine paid by a speeder a tax. The speeder no longer recklessly places himself and others at risk but rather is a patriot making a voluntary tax contribution. This allows the speeder to perceive the act of speeding as a way of closing budget deficits. If only more people would speed; we would have a smaller budget deficit, borrowing and interest payments would decline and the world would be a better place to live. Only a lawyer or a supreme court justice could understand this distorted logic.
This decision showed the supreme court’s naked rear end. It showed itself to be a super legislature without limit or voter recourse. This judicial legislation disguised as review alters the balance of power as defined in the constitution. The balance of power now tilts toward the executive and judicial branches of government away from the legislative branch. This dangerous trend comes at a time when the federal government is usurping the powers and independence of formally sovereign states. Constitutional republics are not convenient things. All things good are not constitutional and all things constitutional are not good. Once we allow the government to change the constitution by fiat rather than ways defined in the constitution, we no longer have a constitution. Our constitution is unique in that it was constructed to limit the power of government. I fear our freedoms are no longer protected by the constitution as it is changed by redefinition of words. Nine non elected judges and one elected president with little oversight by the legislative branch of government now define and redefine our freedoms. I will live to see the day freedom is redefined as free do what the government tells us we can do. The fact that most reading this do not see the irony of this claim leads me to believe we are almost there.