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Thursday, June 28, 2012

Neither Purse Nor Sword

In approximately one hour from now, our Supreme Court will rule on Health Care. Alexander Hamilton wrote in Federalist 78 that due to [having neither purse nor sword]the high court will in essence be the weakest and least feared branch of our government. As I teach the Federalist Papers to my AP students, I always challenge them to explore this notion. I for one, believe it to be the strongest and most powerful branch having stolen its powers through an assumed role of judicial review which we have come to respect and accept. The Founding Fathers recognized the need for a small group of able minded men to make decisions for the rest of us in a three branch organization that checks and balances each other. They correctly believed that our inability as a total electorate to make the important decisions for the land was limted by our lack of exposure to information, education and time. Our Founders, however, were not the government of today. Today if you have an obnoxious personality, a loud voice and a stupid audience, you can easily get elected to Congress. We listen to lies because it is easier. We oppose things without understanding them and we answer poll questions without the foggiest notion of what we are saying. For instance, most Americans are opposed to the mandate, but most Americans have insurance so this view is meaningless. If the mandate prevails, their costs will actually go down. This is just one example of our incapability. Whereas when our nation was founded our government in general was made up of educated, experienced and well heeled men, today our elected officials are made up of those who are intellectually challenged, prone to slick and managed statements and personally attracted to money, power and fame. It isn't, regrettably, populated by the best amongst us. For the rest of us, with limited time, great apathy about the great issues of the day and lazy minds, we vote for people who are not capable of running our land. Due to this reality, the Court has lead the way. For example, were it not for the judgement that "Separate but Equal" is inherently unequal, there would be no Civil Rights Act. The court paves the way, and the rest of the government follows suit with legislation that follows their lead. Courts will tilt one way philosophically and then shift back, but it is made up of people with the sharpest and most intellectually curious minds we have produced. So, when they make their judgement in an hour, pundits from both sides will claim victory and defeat, politicians will continue to lie and distort, and campaigning will continue. The worst of our system will prevail in the short term, but the long term will be protected. Until we think for ourselves, judge in our best interests and smarten up, this process will co-exist with our ignorance. I must say, that President Obama has been a shining example of intellect and since many of us condemn the smart as elite and un American, he is in a tight race....evermore making my point. Where are you Americans for reason and truth?

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