Saw the movie ‘Judgment
at Nuremberg’ this morning and it brought to mind the recent SCOTUS decision
on Obamacare and gay marriage. It isn't what was decided. It's where it can - and probably will - lead to.
The Nazis developed a ‘progressive’ theory of law in which ‘law’ was interpreted as a result of force and social struggle. According to the Nazi legal theory, the legal system should not contain fixed rules of law but evolve in continuous flow as a ‘living law’.
Today’s Liberals argue that the Constitution
– and all that it contains – is a living document – subject to change. But U.S. Supreme Court
Justice Antonin Scalia said, "The
Constitution is not a living organism. It's a legal document, and it says what
it says and doesn't say what it doesn't say."
Germany thought they had a Constitution too. The Reichstadt eventually handed power over to Hitler - executive branch - and the judiciary, whose responsibility was to place a check on the laws being rubber-stamped by the Reichstadt disregarded their Constitution and it was all over for Germany.
Most German judges and lawyers were legal positivists who rejected the concept of God-given rights as defined by the Holy Scriptures and classical natural-law theory. As a result, a ‘master morality’ was developed, and it became meaningless to appeal to any higher law above the interpretations of the Nazi State.
I fear we are beginning to see a
pattern here with SCOTUS.
The testimony of Ernst Janning is significant here.
"There was a fever over the land. A fever of disgrace, of indignity, of hunger. We had a democracy, yes, but it was torn by elements within. Above all, there was fear. Fear of today, fear of tomorrow, fear of our neighbors, and fear of ourselves........ Why did we sit silent? Why did we take part? Because we loved our country! What difference does it make if a few political extremists lose their rights? What difference does it make if a few racial minorities lose their rights? It is only a passing phase. It is only a stage we are going through. It will be discarded sooner or later."
9 comments:
WC, where did you get that quote from?
The quote I'm asking about is this:
"The Nazis developed a ‘progressive’ theory of law in which ‘law’ was interpreted as a result of force and social struggle. According to the Nazi legal theory, the legal system should not contain fixed rules of law but evolve in continuous flow as a ‘living law’"
I second Pasto's request.
quote (and full paper) here
(don't be too impressed, I googled it)
I really can not figure out how much of that quote is a fair appraisal of what the Nazis said and what is just a framing of Nazi legal ideology based upon a more modern reading and language.
'What difference does it make if a few political extremists lose their rights? What difference does it make if a few racial minorities lose their rights? It is only a passing phase. It is only a stage we are going through. It will be discarded sooner or later.'
That's bullshit too
THIS is the truth.
THIS is the truth
THe winning moment in the movie is Richard Widmark in the restaurant, drunk, telling spencer tracy who is REALLY responsible for what the Germans did
The point being made that is that - like the US - the judiciary's job was to check the rubber stamped lawlessness of the Reichstadt. They failed on that job. I personally believe SCOTUS is on the slippery slope with it's recent decisions and irrational understanding of the English language.
I get the point, AND I agree with you.
But it sure would be handy if that quote was from a Nazi supporter rather than a Creationist website.
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