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Friday, February 9, 2024

When is a Constitution "unconstitutional?"

The ongoing left-right political battle in the US is at root a battle between two conflicting and contradictory moral systems, as mediated by a battle between two conflicting and contradictory constitutions: the written US Constitution of 1787, on the one hand, and the Civil Rights Act of 1964 (*) and its penumbras and emanations, on the other hand.

When the Republicans enacted the Civil Rights Act of 1964, they weren't content simply to overturn the Democrats' various "Jim Crow" violations of the Constitution, which unconstitutionally differentiated citizens by race before the bureaucrats of various of the States and which violated citizens' rights of association by compelling them to differentiate one another by race in private association. Oh, no! The Republicans were too clever by half, imagining that there were going to "pwn" the Democrats, and so they were played by the leftists: they drafted a law which violates citizens' rights of association by compelling them to differentiate one another by race in private association (but in the opposite direction to what the Democrats had been doing theretofore) and laid the groundwork for future legislative acts and court rulings which unconstitutionally differentiate citizens by race, and eventually by "identification", before the bureaucrats of the totalizing administrative state.

"Woke culture" is the natural and inevitable out-working of the Civil Rights Act of 1964 and the subsequent additions to it.

The Civil Rights Act of 1964 -- much of which is actually unconstitutional -- is being used by the leftists as the means to destroy the legitimacy of our Constitution and thus to destroy our Republic.

For example -- In 2008, the citizens of California passed Proposition 8, which amended the California Constitution to overrule a state-court imposition of "gay marriage" on the citizens of that State. A federal court later ruled that this legally-enacted provision of California's Constitution was "unconstitutional".

One might ask, "On what grounds was this amendment to the California Constitution decreed to be unconstitutional?" Why, on the grounds of the judge's interpretation of the Civil Rights Act of 1964. Mind you, this was years before the US supreme court imposed "gay marriage" on the citizens of the entire nation, in contravention of the written US Constitution.

For example -- You may be aware of a Turkish-born rabid leftist by the name of Cenk Uygur, who claims (or claimed) to be running for the Democratic nomination to the US Presidency.

Now, Cenk Uygur is a naturalized US citizen; which is to say, the US Constitution expressly forbids him to occupy the office of the US Presidency. And what do you think is Mr Uygur's strategy to get around this encumbrance? Why, and of course, it is to try to get a federal judge to rule that the US Constitution itself is "unconstitutional" ... on the grounds that by the Civil Rights Act it is "unfair" for the US Constitution and US law to distinguish between a naturalized citizen and a natural born citizen, wedded to the false assertion that the 14th Amendment to the US Constitution erases the distinctions between classes of citizenship.

(*) A deep dive examination of these conflicting constitutions will take us from the false constitution's rancid fruiting in Current Year's "Woke culture", to its flowering in Lyndon Johnson's "Great Society", to its growth in Franklin Roosevelt's "New Deal", to its cultivation in Woodrow Wilson's and Theodore Roosevelt's Progressive Movement, and will ultimately find the seed of the false constitution in Abraham Lincoln's violations of the written Constitution ... in the name of "preserving" that Constitution and the Union therewith established.

Auron MacIntyre: "Civil Rights Law Is a Problem"

Auron MacIntyre: "Why We're No Longer Governed by the Constitution"