We No Longer Have the Rule of Law

I spoke with a man named Limbaugh today. I thought you might want to read what we discussed.

We No Longer Have the Rule of Law

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RUSH: Here’s Ted in Little Rock. Hey, Ted. Glad you waited. Great to have you on the program. Hi.

CALLER: Hey, thank you. Great pleasure being on the radio with you —

RUSH: Thank you, sir.

CALLER: — Mr. Limbaugh. To me the meaning of this latest decision of the court, the one regarding what we call Obamacare, is that the court has basically voided statutory law. Voided statutory law then, you know, I don’t need to worry about statutory law. I need to worry about what I think the tyrants, the people with guns might enforce. What they decide is the law today.

RUSH: That’s exactly right.

CALLER: And let me just finish, add one little thing here. Next up, this session of the court is common law. We’re gonna decide whether or not — or the court is gonna decide ’cause all of us individually can decide whatever we please — we’re gonna decide whether man and wife means man and wife or it means something else. And when that’s done, we don’t have statutory law, we don’t have common law. We got nothing. And then it’s everybody for himself and figuring out what the best move is gonna be based on what people who have the power to enforce —

RUSH: Hang on. I want you to emphasize that point when we get back. Hang on just a second.

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RUSH: Back to Ted in Little Rock. Ted, I want you to go the common law aspect of what you said again, but would you do me a favor for people?

CALLER: Sure.

RUSH: Statutory law is pretty simple to understand. Statute is a statutory law passed by Congress. What do you mean by common law? You’ve given marriage as an example but give an example of a common law. For example, what’s to stop the chief? If the court accepts the Second Amendment case, given what happened today, what’s to stop the chief justice from saying it’s clear the framers really meant that only members of uniformed militia should have the right to bear arms. Nothing. Now he’s become the sole arbiter if he can get enough people to join him on the court. That’s still statutory, but what is — as you understand, common law, besides marriage? Give some other examples.

CALLER: Well, I’m a structural engineer. I design buildings. You might jokingly say I protect you from architects.

RUSH: (laughing) I understand that, by the way.

CALLER: I appreciate that. So if I am a structural engineer and there’s nothing in the code that says I should design with a particular factor of safety, then we go to what’s broadly described as customary practice or usual practice. In other words, what everybody else is doing and has been doing for a very, very long time. And hopefully that’s based on some level of reality, though occasionally we discover in my profession that, “Wow, how about that? That doesn’t really work the way we thought it did, so we’re going to change all the building codes in California after Northridge.”

So we got that kind of stuff that goes on in my profession. But, you know, if we are at the point now where that kind of argument is no longer valid, if we can’t say, whether it’s marriage or my engineering practice, “Well, everybody else has been doing it this way,” and we’ve all run under the same set of assumptions for a very, very long time, and we had no reason prior to this to believe anything was otherwise, but suddenly something’s changed, and now I’m liable for the change.

Even though I didn’t know and nobody knew at such and such a time. You might not say the same thing’s applicable to the Confederate battle flag, for that matter. Suddenly this has become a symbol of this, that, or the other. Well, you should have known it was a symbol of racism and hate and divisiveness, and, and, and, and, and. So suddenly everybody has to pull it off the shelves. Having it is proof that you are in fact a racist, and here’s the next step for battle flags as far as you want to go. I own a battle flag, therefore I’m a racist, therefore I cannot have a federal or state or local government contract.

RUSH: Okay. So the term in the example of gay marriage, common law has always said that marriage is between a man and a woman. That’s what you meant by a man and a wife. Now all of a sudden, the Supreme Court, despite the fact that we’ve never voted on this, the American people — actually there have been votes in the states. It’s been voted down. Gay marriage has been defeated just like Prop 8 in California was defeated, but here comes the Supreme Court, and they’re probably going to declare that marriage is now defined by whatever they say it’s going to be defined as.

CALLER: Well, again, the statutory law doesn’t matter, so you’re unusually behind. What the people have voted constitutionally or the legislatures of the various states voted in, whether it’s constitutions or laws, are irrelevant, because the statutes, the legislative decisions of the people don’t matter. That’s what this court case says.

RUSH: Right.

CALLER: And so now the only thing left is common law, which is custom, which is history, which is the past, which is what we have always done, sans some decision to make the change. Well, the decision to make the change has been pulled out of the hands of the people. It’s been pulled out of the hands of the representatives of the people. It’s been pulled out of, heck, you know, the tyrants that might rule over the people. We’re down to whatever somebody says who has sufficient authority to back it up. And if the common law falls at that point, there’s nothing left. We’re done. [At this point in the transcript, I’m muted.]

RUSH: Wave bye-bye to traditions and standards and the way things have been done. Well, I know. That is one of the direct results of this ruling today. And the chief justice’s own words pretty much say so. He said (paraphrasing), “Look, I’ve gotta interpret this, and I have to use context and intent to interpret this, and it just can’t mean what it says here. I’m just gonna tell you, I mean, it doesn’t mean what it says, and I got five other judges to agree with me.”

So this is the government the left has always wanted, folks. You have an authoritarian megalomaniac like Obama ruling, not governing, ruling like a monarch. The opposition is paralyzed by fear, so they bend over. And then, according to the highest court in the land, which is supposed to provide a check and a balance against just this kind of thing, the Supreme Court comes along and says, “Well, wait a minute. This law doesn’t mean anything. The words don’t mean anything,” like Scalia said, “The words of this law, the words of this statute don’t mean anything. I’m changing what they mean to mean what I want them to mean for whatever reason I want them to mean what I want ’em to mean.”

So, therefore, there is no meaning. And so Ted’s point is that at this point there is no statutory law and therefore common law is next and so now we just have authoritarian rule. Everybody’s free to say whatever they want to say, do whatever they want to do if they have the authority to back it up. And of course people in the federal government have the authority, many ways to exercise it, to back it up.

Look, folks, I, for one, as I’ve told you earlier today, am not surprised. I thought this was gonna happen. But it’s still depressing and shocking when you see it. Knowing that it was coming and expecting that it was coming does not in any way make it palatable.

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RUSH: Yeah, look, I hate to remind you again, but there’s gonna be another whole wave of Supreme Court case decisions announced tomorrow, and probably gay marriage is gonna be among them. You should probably — again, experience guided by intelligence gives you an indication of how that’s gonna be — be prepared just be frothing all over again.

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