Published on May 17th, 2012 | by Nathaniel Darnell
In the 1927 case Buck v. Bell, 274, the United States Supreme Court upheld a statute instituting compulsory sterilization of the unfit, including the mentally retarded, “for the protection and health of the state.” This decision flew blatantly in the face of the text of the Constitution, just as more recent cases such as Roe v. Wade (abortion) and Lawrence v. Texas (sodomy) have in recent years. If you’re a civil official responsible for performing the task of sterilizing Americans under a ruling like this, which would you feel obligated to obey—the court or the Constitution?(1)
Does this question not resemble the one asked of the Reformers? “Will you obey the Pope (or King) rather than the Bible?” They chose the Bible.
We continue addressing this question with the second point of the series. If you missed the first point in this series, you can read it here.
II. The Supreme Law of Our Land
A. U.S. civil officials are sworn to uphold the written constitutional text.
When a government official is ordered by a judge to fulfill an action that the government official believes is contrary to the U.S. Constitution, which must the official obey?
We could break down this question and apply it to different officials. If a Congressman were implicitly ordered by a judge to provide funding for an unconstitutional federal service, would the Congressman be obligated to vote for such funding in the federal budget? If a President were ordered by a judge to assist in the enforcement of an unconstitutional federal activity, would the President be obligated to send such assistance? If a state official were ordered to remove an item from state government property contrary to the Constitution, would the state official be obligated to remove the item?
Read this important article at americanvision.org ...