David Frum sums up what has to be the worst week in American Politics in recent memory: 1st)The Supreme Court’s endorsement of race based admissions in the Michigan Law School Case; 2nd)The Supreme Court strikes down the anti-sodomy law in Texas; and 3rd)the GOP Senate votes a new prescription drug benefit, the greatest new entitlement program in almost 30 years.
Here’s a paragraph on the sodomy decision from Frum: "The court could have written quite a constrained opinion – one that accepted as valid precedent the right to privacy created in the Griswold and Eisenstadt cases of three and four decades ago, and then used that judge-made right to strike down a Texas morality statute that just about everybody agreed was ridiculous. Instead, Justice Kennedy produced an astonishingly open-ended opinion, that seemed to treat as a constitutional offense almost any attempt by a state legislature to enact traditional sexual morality into local law. It’s hard to see how Justice Kennedy can from now on consistently vote to uphold any state law that distinguishes one kind of sexual relationship from another. He’s driven onto a highway with no exit ramps."
This ’Lawrence v. Texas’ case will likely have the greatest political impact. Majority Leader Frist has already called for a Constitutional Amendment to define marriage as between a male and a female. This is necessary Frist argues because the Court’s recent decision virtually calls for a court decision endorsing Same-Sex Marriage.
The whole idea of limited government assumes that human beings can and should govern themselves. Liberty, understood as self-government, assumes the virtue of moderation, i.e., the voluntary restraint of the passions, in its citizens. On the other hand, the right to privacy assumes that liberty (or the right to privacy) is licentiousness (or self-indulgence), i.e., the right of the individual to unrestrained self-expression. This notion of liberty is incompatible with traditional Constitutionalism. Tragic that such a battle will have to be fought.