Flashpoint: U.S. Supreme Court


20 years ago, I recall predicting that if the US ever had a political crisis that threatened the integrity of the nation, it would begin at the Supreme Court.  The Constitution devoted only a small portion of the overall document in defining the judicial branch. Only three paragraphs (Article Three) out of roughly a half a dozen pages specifically cover the duties and function of the Court. I reasoned that this lack of detail would allow the Supreme Court to alter and enhance its powers. The Founders might have been astonished to find the extent to which the Judicial Branch has evolved over 200 years.

The recent SCOTUS decision on Obamacare is stark evidence that the judicial branch has pushed the envelope toward a national crisis. While I’m not yet convinced that we’re witnessing the proverbial straw that breaks Uncle Sam’s back, we could very well be watching a preview of coming attractions.

I can envision a flashpoint scenario that begins with a Supreme Court decision of a magnitude so outrageous that a number of states choose to defy it. Should the situation remain unresolved, government entities on both a federal and state level will be compelled to consider extraordinary and unprecedented measures. Political factions will join the conflict, and citizens will begin to choose sides— in short, civil war.

Shut Up and Take Your Medicine!


It’s too early to fully grasp the ramifications of the 6-28-12 SCOTUS decision. Reasoned analysis will take days, weeks, and months. For now everyone seems to be asking, “How bad was this decision for the future of America?”

My first reaction was a flash of history. In Germany, March 1933, Parliament passed the Enabling Act, by a vote of 444–94. It changed the Weimar Constitution to allow Hitler’s government to pass laws without parliamentary debate. From that point onward the country was a dictatorship, and Hitler’s regime was now the law of the land. And it all happened under the auspices of German law.

Thankfully, we haven’t gotten to that point yet. But we’re certainly one step closer. And keep in mind that totalitarian regimes don’t have to take the form of a blustery military coup, marching into the capitol to the tune of glorious revolution. Should the US become a genuine tyrannical regime, it will evolve in subtle increments, appearing benevolent all the while, welcomed with smiles and open arms. Then one day we’ll wake up, look around and say, “Wha hoppin?”