Is it Time for Lawfare?By Tom Trinko
More and more liberals are declaring themselves to be above the law.
• Obama thinks the HHS mandate can ignore the First Amendment
• A judge in New Mexico thinks that people of faith have to give up their religious liberty as the price of citizenship
• Jerry Brown refuses to defend the votes of millions of Californians on Prop 8
• Obama refuses to enforce DOMA before the Supreme Court ruling
• Obama arbitrarily changes the dates that Obamacare is supposed to take effect
Historically politicians and judges upheld the Constitution and the laws of the land. While there have been exceptions, the sort of brazen actions we're now seeing were unheard of in the past.
Unless something is done, it's going to get worse. At the core, liberals believe themselves to be superior to the rest of us, and feel justified in imposing their vision of America by any means necessary.
Until recently, liberals primarily used the judiciary to effectively pass "legislation" that could never have gotten enough votes in Congress -- think of things like legalizing pornography and abortion. In those cases, unlike the current actions by liberal politicians, at least the legal process was followed.
Now, however, liberals appear to believe that they can get away with simply refusing to enforce laws they don't like and creating bureaucratic mandates that violate the Constitutional rights of citizens.
Why the sudden uptick in liberal dictatorial tendencies? The answer may be that they've discovered that they can ignore the law and still get reelected so long as they keep taking money from Americans who won't vote for them and giving it to Americans who will.
It's time to put a price on breaking the law -- otherwise we'll simply see this sort of liberal behavior increase over time.
Lawfare is the use of the law as an aspect of warfare. We see this when terrorists sue the U.S. for ill treatment at Gitmo or when someone sues the U.S. government over spying operations overseas.
To be clear, lawfare is not illegal. It is a logical extension of the over-litigious society we live in. If someone can't get what they want through the legislature or through normal commercial transactions, they turn to high-priced lawyers and judges who view the Constitution as guidance not law.
The whole campaign against Prop 8 in California can be considered lawfare. Neither the U.S. Constitution nor the California Constitution say anything about a right to define marriage to be between members of the same sex. But by using lawsuits and finding friendly judges who feel the Constitution is a "living" document, gays have managed to throw out the votes of 7 million Californians, a disproportionate fraction of whom are Black.
If the people of California really wanted so-called same-sex marriage, gays could have gone through the same process that the supporters of Prop 8 went through and gotten Prop 8 repealed. Instead gays used lawsuits, lawfare, to essentially disenfranchise the majority of California voters. As an aside, the same liberals who are perfectly comfortable with the disenfranchisement of Californians object vociferously to laws that require voters to prove that they are eligible to vote.
Conservatives have been battered by lawfare for years and now it's time we struck back.
Every time Obama or any Democrat violates their oath of office either by refusing to enforce laws they don't like or by creating bureaucratic regulations that violate the Constitution they should be sued.
Even low-information voters will stand up and take notice if the Supreme Court rules that Obama broke the law on things more substantial than illegally appointing labor board members.
The Republican Party has an image problem for a number of reasons, but a key one is that liberals constantly publicize every Republican misstep while getting the media to downplay any liberal crime -- which is why most low-information voters know Nixon was a fiend but don't know who Filner is or know that Clinton was impeached.
If nothing else, a barrage of lawsuits would force liberals to divert resources from undermining the Constitution to defending themselves in court. While it's true that many of those resources will be derived from government -- liberals rarely carry their own baggage -- tying up the liberal activist lawyers in Holder's highly politicized organization will reduce Holder's ability to deny poor Black children in Louisiana a decent education.
In the best of all worlds, a well-executed lawfare campaign will serve as a bully pulpit to spread the word that liberals are not champions of the little guy but rather power hungry rich white folk who only want to advance their own interests.
But even if that doesn't happen, suing liberals when they break the law may be able to stop Americans from thinking there is no Constitution. If time after time liberals violate the Constitution and their oaths of office and nothing is said or done, people, especially low-information voters, will start accepting that in fact the Constitution doesn't matter and that the government is not constrained in any way. It's the same reason that most freeway drivers break the speed limit; they know it's okay because unless someone is really going fast they generally don't get a ticket.
We've seen it all too often in the past. Liberals repeat the same lie over and over and Republicans say little or nothing in response because the lie is so obvious, but in the end enough voters eventually assume the lie is true because they've never heard anyone call it a lie.
An example of that is the issue of race in America. Most Americans associate Republicans with racism even though Rev Martin Luther King Jr. was a Republican precisely because the Democrat party has always been the party of bigotry. Many Americans believe Republicans to be racist because liberals repeated the same lie over and over and Republicans never take steps to counteract it.
If Republicans repeat the same losing plays they used in that fight to fight against the liberal rejection of the Constitutional limits on government power, we can be assured that in the not too distant future enough voters will think that Republicans are reactionary obstructionists and Democrats are law- abiding progressives to ensure Democrat electoral victories.
If liberals can behave dictatorially with no consequences, Americans will lose more and more rights.
It's time to stand up and speak truth to power by demanding that liberals in government follow the rules no matter how "good" their intentions are.
FOLLOW US ON