A ‘Judgment at Nuremberg’ ?

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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."