At the Twilight's Last Gleaming: Supremes expand scope of Disabilities act

May 19, 2004

Supremes expand scope of Disabilities act

The left wing of the Supreme Court (including Sandra Day "not sure where I stand on anything" O'Connor) ruled Monday that state governments can be sued for failure to comply with the Americans with Disabilities Act. The court had previously exempted the states from ADA lawsuits.

Regardless of the nobility of its goals, the ADA is a constitutional atrocity, a monstrous intrusion of the federal government into matters that are not its business. As mentioned in a previous post, the court has taken upon itself the extraconstitutional duty of correcting injustice, and it is more than happy to endorse congressional attempts to do the same.

I suppose reverence for "enumerated powers" was thrown into the dustbin long ago, but somehow it still gets to me.

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What Happened to C-Pol?

For over a decade, this blog was called "C-POL: Constitutionalist, Conservative Politics". Over time, my deep-thought ponderings have been moving away from the rough-and-tumble of everyday political wrangling and toward the larger philosophical, ideological, and cultural currents of our age.

I've changed the title of the blog to highlight my conviction that the "fundamental transformation" (to adapt President Obama's phrase) of the United States that's currently underway is, in the long run, bad not only for this country but for the world in general.

Scoff if you must; I'm okay with that. I aim to make my case as time goes on. I'm okay with being on the "wrong side of history" if I'm actually right.

Why our country is where it is

As I have traveled across the country, I have been astounded just how many of our fellow citizens feel strongly about their constitutional rights but have no idea what they are, or for that matter, what the Constitution says. I am not suggesting that they become Constitutional scholars -- whatever that means. I am suggesting, however, that if one feels strongly about his or her rights, it does make sense to know generally what the Constitution says about them. It is at least as easy to understand as a cell phone contract -- and vastly more important.

-- Clarence Thomas, U.S. Supreme Court Justice, October 16, 2008 speech

The U.S. is not a democracy!

Q. If we are not a democracy, why are our officials elected by a majority of the people, and why are our laws passed by a majority of the lawmakers?

A. We are not a democracy because both the people and the lawmakers are limited by the fundamental law of the land, our written Constitution. Election by the people is not a grant of power beyond the constitutional limits of the office. A representative government limited by law is a republic, not a democracy. In a republic a majority of the people cannot vote away their own rights, or the rights of others -- unless ... unless they step outside the Constitution.

-- Preserve The Constitution, By Don Fotheringham (October, 1995)

The Cancer of Democracy

Bread and Circuses is the cancer of democracy, the fatal disease for which there is no cure. Democracy often works beautifully at first. But once a state extends the franchise to every warm body, be he producer or parasite, that day marks the beginning of the end of the state. For when the plebs discover that they can vote themselves bread and circuses without limit and that the productive members of the body politic cannot stop them, they will do so, until the state bleeds to death, or in its weakened condition the state succumbs to an invader--the barbarians enter Rome.

— Lazarus Long, in Robert Heinlein's To Sail Beyond the Sunset

At the Twilight's Last Gleaming

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May 19, 2004

Supremes expand scope of Disabilities act

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