It Takes a Family by Rick Santorum

Author:Rick Santorum
Language: eng
Format: epub
ISBN: 9781497636347
Publisher: Intercollegiate Studies Institute

XXIII

The Rule of Judges

Earlier, I asked why Moral Impact Statements are not demanded by liberals. There is at least one reason for that. The requirement of Environmental Impact Statements is a result of congressional action after much deliberation. Congress made sure that the public would have input into the process—some say far too much public input, but the politicians knew they would be held accountable to that very public one November election day. Congress also gave the executive branch authority to consider and decide on the intricate details of this procedure after public hearing and a formal rulemaking procedure, which is subject to further review by Congress and the people. You may or may not like the idea of Environmental Impact Statements, but the idea went through the democratic process and was refined to become what it is today. However, that is not how liberals operate when it comes to changing the moral landscape of our country. They prefer to circumvent the democratic process and legislate by judicial fiat.

The village elders introduce very few bills—almost none that attract more than one or two cosponsors. There are no hearings where Congress and the public can hear arguments about the merits to society of changing its moral fabric. Did Congress pass a law that said it was illegal to display a Christmas creche on public property, tell us we could not recite the pledge that we are “one nation under God” in schools, or legislate away displays of the Ten Commandments from public buildings? Did we pass a constitutional amendment that gave anyone a right to marry as many people of whatever gender they want? Did we pass an amendment that gave women the right to abort their children at any time, for any reason, during pregnancy? Did we pass a law that minors could undergo the surgical procedure of abortion without parental consent or notification? The answer to all of these questions is: No! Not in one state legislature, much less in the U.S. Congress, did the democratic branches of government, the people's branches, pass such amendments or enact such laws. How could the moral fabric of America be so torn apart without so much as a single act of Congress duly signed by the president?

The answer is, of course, the courts—most particularly, the federal courts. A generation ago, liberals figured out something that most conservatives couldn't have dreamed of in their worst nightmare. A few well-positioned autocrats can do what most Americans thought, and the Constitution says, takes two-thirds of the Congress and three-quarters of the state legislatures to do: namely, change the Constitution to mean whatever they want it to mean. The plan was simple. Put justices on the Supreme Court, backed up by lower court judges, to “modernize” our Constitution by fiat, with the claim that Supreme Court decisions, whether based on the words of the Constitution or not, have the same status as the Constitution itself.

How often do we hear that our founding compact needs to be

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