Supreme Kool-Aid

The Supreme Court rendered two landmark decisions this past week. For those short on time I will parse them in the simplest of terms. In King v. Burwell (the “Obamacare” case) the Court decided that “established by the States” can mean exactly the same thing as “not established by the States.” This ranks right up there with Bill Clinton’s inability to parse the meaning of the word “is.” This linguistic pretzel betrays the court’s predilection to save Congress from themselves. The court regards Congress as a parent would a child who keeps getting into trouble: “aw, shucks silly rabbit, you mean you didn’t anticipate that a poison pill clause aimed at punishing the citizens of recalcitrant states might blow up in your face if those states remained recalcitrant? – well, don’t you worry, old Uncle Roberts will fix that right up for you with his magical judicial word-redefiner.”

In the next decision, Obergefell v. Hodges (the “gay marriage” case) the Court affirmed the principle that we should heap accolades upon our wise overlords when they deign to stop interfering in our lives. Apparently we need the state to stop other states from doing bad things – but who will protect us when the federal state does bad things? State regulation of marriage makes about as much sense as state regulation of healthcare.

Right about now the left is feeling pretty smug and self-satisfied with these decisions. But the right has had their day, and they will once again. That’s just how our system works – the lives of 300 million people must conform to the opinion of nine random people in black robes while each side cheers for their “team.” Both sides trumpet the merits of democracy – until their side loses. When that happens they are both all too happy to jettison the “democratic” results and substitute it with the opinion of 9 monarchs.

The fact that so many wait in eager anticipation for a sign of white or black smoke wafting from the judicial chimney of the Supreme Palace betrays something rather sinister. Nearly all of us are part of a cult: the cult of the State. The figurative “kool-aid” of state-love is doled out year after year at, gasp!, state run schools. There is nearly no defense against this mountain of propaganda. We grow up believing our rights come from government and therefore when the wise sages of that august institution speak, we must pay heed.

Consider a different perspective: The US Government is the functional equivalent of a private corporation that has monopolized certain segments of the economy. It maintains its market dominance and its customer base (us) through a combination of brainwashing during childhood, the illusion of control in adulthood (voting), and the for those that would rebel against paying for products it forces upon us, the overt threat of violence from a massive military complex. Cast in that light we should see that the internal policy making procedures of this company should have as much relevance to one’s life as would the operational policy decisions made at Apple, Walmart or Payless Shoe Stores. Who cares what 9 random people think? How is it that we not only allow – we welcome – other people, (the President, Congress, or the Supreme Court) telling us how to run our lives? If you want to participate in a socialized insurance system called “Obamacare” fine, be my guest. That has as much relevance to my life as does your decision to buy car insurance from Progressive and not State Farm. However, I choose to not purchase the products of U.S. Government, Inc – Social Security, Medicare, Obamacare. I also see no need to ask permission from one of its wholly owned subsidiaries (Georgia, Inc.) to get married, get a job, start a business or educate my children.

Now some might argue that I have a “social responsibility” to purchase some products (“public goods”) and that gosh-darn someone must force me to do so if I won’t. In reality, there is no such thing as “public goods” – this is simply a name that emerges from sloppy and lazy thinking from those that can’t fathom how anything other than violence could bring such products to market. And for those inclined to cite “the roads” please bear in mind it only constitutes about 1% of government spending.

I will close with this one tidbit of irony. The determination of the constitutionality of laws by the Supreme Court (“judicial review”) is itself unconstitutional. You can scour the Constitution but you will not find the authority for the court to engage in this practice.  This notion of “judicial review” was born out of the court’s ruling in Marbury v. Madison in 1803 as a matter of expediency and we’ve suffered the consequences ever since. That the dictum “the ends justify the means” guides this court’s decision should come as no surprise considering its power to render these decisions flowed from the same principle.