The Future Of Limited Government — страница 2

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order to protect ?the rights and privileges of . . . vulnerable minorities,? the Warren Court created other inequities, like racial quotas, school busing, and reverse discrimination that resulted in conflict, and in some cases, in violence. Another prevailing ?conservative? view of the Warren Court is that, in addition to overstepping its Constitutional authority, it went much too far in ?protecting? the rights of those accused of crime at the expense of the direct victims of the crime and the good of society in general. The protections, like those involving the exclusionary rule cited in the paper, are seen as providing a haven for criminals. Courts have extended these Supreme Court decisions to, in effect, tie the hands of law enforcement officials, who must walk a tightrope of

technicalities or face losing critical evidence. In the final analysis, truth is truth, and unless evidence is planted or otherwise false, does the means in which it was discovered jeopardize the innocent? Is it unreasonable to expect members of society to live within the laws they accepted to become members of that society? Through its decisions, the Warren Court appeared to answer ?yes? to these questions, but the suppression of truth can weaken justice. As an example, consider the cases of O.J. Simpson and actor Robert Blake. Suppression of evidence allowed them to get away with murder. Whether authorized or not, some Supreme Court decisions have done much more than interpret law. They have decided some basic questions of being human, such as the cited 1973 decision to

overturn anti-abortion laws as being an ?unconstitutional invasion of the ?right of privacy.?? In its decision, the Court at that time decided when a life form becomes a human being and when the basic right to life begins. That question is beyond the realm of mortals to decide, yet the Court did decide. If its judgment was wrong, and there is no way to make that determination, then it took away an inalienable right under the Constitution. If such questions concerning inalienable rights are within the Constitutional authority of the Supreme Court, then the question must be asked: Where are its limits? If the Court can decide that a life form is not a human being before birth, can it also decide that one stops being human when it stops being productive? By this decision, the

Supreme Court seems to have put itself into a vulnerable position. While the ability to terminate a pregnancy safely was beyond the science of eighteenth century United States and forced euthanasia was not an issue, there can be no question that the 1973 decision put the spirit of ?Life, Liberty and the Pursuit of Happiness? in jeopardy. The author?s overall premise and conclusion about the Supreme Court are as relevant today as they were in 1974. In a rapidly changing world, the balance between government authority and individual freedoms are constantly being tested, and the role of the Court has never been more important, but the paper concludes, ?Disregard of inherent limits in the . . . exercise of the Court?s ?judicial power? . . . may impair the Court?s position . . .? This

was quite evident recently in the Presidential election of 2000, where some ?liberals? believe the Court overstepped its authority, acted injudiciously, and in doing so, undermined its moral authority. The point the paper makes about the involvement of the Supreme Court in economic issues is also interesting. Since the Great Depression, the Court has not used much of their authority in this area. The author?s assertion of the economic policy decisions residing almost entirely with the Executive and Legislative branches was still true as recently as last year, but may change in light of situations like the Enron bankruptcy, which has far-reaching social repercussions. Government Versus Freedom Versus SocietyThe paper refers several times to the balance between government control

and individual freedom as being in a constant state of instability. When a majority of the members of a society believe their well being is seriously threatened by the actions of an overly-permissive or ?liberal? authority, it is easy to see how someone like Adolf Hitler, for example, can gain political power by assuring the majority that with the right authority, he could fix the problem. On the other hand, when authority becomes overly oppressive, it can lead to a revolution, as happened in Russia in 1917 or in America in 1776. The balance between government authority and individual freedom has been an issue since the formation of societies. To live as a perfectly free human being means putting one?s safety, needs, and desires before those of anyone else. People first formed