As a passionate supporter of American democracy in both practice and theory, I find the proliferation of ignoramuses, fools and morons among both elected representatives and the voters who allow them to acquire access to the levers of power to be a constant source of discouragement. The old adage about democracy being the worst form of government except for all the others is scant consolation, true as it may be. I only tune in to the reliably idiotic goings on at the state legislature level when someone or some news story forces me to take a look, which I anticipate with enthusiasm akin to that I felt toward going down into our scary basement when I was a kid. (OK, up until I moved away at 21. OK, STILL.)
Here are two examples from today….that I know about.
Alabama took another step toward legislation, House Bill 314, the “Human Life Protection Act.” The Republican-supported bill is in direct defiance of 1973’s Supreme Court Roe v. Wade ruling, an obvious gambit to try to get the conservative Roberts court to overturn it. Grandstanding, obstinacy, call it what you will, this bill is futile, foolish, and incompetent. An outright reversal of Roe is not in the cards, not even in the most fevered fantasies of anti-abortion fanatics and pro-abortion absolutists. The new law, if it becomes a law, will be struck down by a the highest Alabama court, and won’t make it to the Supreme Court docket. It’s an illegal law, that’s all. A law reestablishing child labor or repealing female suffrage would have about as much chance of getting the Court’s attention.
If Roe is to be weakened or modified, it will occur incrementally, with the Court ruling on legitimately debatable regulations regarding when a fetus or unborn child qualifies for full Constitutional protection. It is understandable that ordinary, untrained, confused citizens might think that the way to remove established Court precedent is to directly oppose it with a state law, but that’s because, for most of them, making laws isn’t their job. State legislators, on the other hand, have no excuse but their own lack of preparation for their civic duty, and ignorance. Continue reading