Saturday, October 18, 2014

Resurrecting the Articles of Confederation

Coinciding with the continuing wave of court rulings favoring marriage equality, there is also a wave of conservative diatribes that always include the tired "unelected judges," "will of the people" and "states rights" talking points. (The latest is from Arizona Gov. Jan Brewer.)

I so wish the media would address these assertions with a short reminder about the failed Articles of Confederation, the original document on which our U.S. ancestors first tried to form a country without a strong federal role. Included in that history lesson needs to be the idea that the judiciary is there to enforce the laws passed by those elected by the people, which include the provisions of the U.S. Constitution. If a state ever goes rogue when it comes to federal law, then it is the job of the judiciary to stop it, not endorse it. It's the way the system is meant to operate.

If people want to change it, then fine. Start holding Repeal the Constitution rallies and propose the Articles of Confederation be brought back from the dead. It's a proven failure, but that has never been a barrier to conservative desires.

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