Declaration of Independence

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. - That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.

Wednesday, May 17, 2017

Fake News, Fake Laws

            The media has been dishing up fake news for numerous months, probably years. Now the courts are dishing up fake laws. The fake news and fake laws both come from abuse of the First Amendment to the Constitution of the United States.

            Marc O. DeGirolami posted an article titled “Fake Law.” He claims that the fake laws come from a hatred for Donald Trump. He starts his article with the following paragraphs.

Something ugly is happening to the First Amendment. It is being contorted to enable judges to protest Donald Trump’s presidency. The perennial impulse of judges to manipulate the law to achieve morally and politically desirable ends has only been exacerbated by the felt necessity to “resist” Trump. The result: Legal tests concerning the freedoms of speech and religion that in some cases were already highly dubious are being further deformed and twisted.

Welcome to the rise of fake law. Just as fake news spreads ideologically motivated misinformation with a newsy veneer, fake law brings us judicial posturing, virtue signaling, and opinionating masquerading as jurisprudence. And just as fake news augurs the end of authoritative reporting, fake law portends the diminution of law’s legitimacy and the warping of judges’ self-understanding of their constitutional role.

Those who try to police the relentlessly transformational projects of constitutional progressives had much to dread from the Obama administration, an inveterate ally of the legal left that did what it could to graft the aspirations of progressives onto the Constitution. But Trump’s presidency may be even worse, because too many judges now feel called to “resist” Trump and all his works – no matter the cost to the law’s authority and to the integrity of the judicial role.

            It appears that the media and the courts have lost their integrity with their fake news and fake laws. Obviously, there are many people and organizations who do not understand the Constitution. If they understand it correctly, they may not trust it, or like it.

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