A lot of hay has been made over this quote from barrack Obama.

“...just to take a, sort of a realist perspective...there’s a lot of change going on outside of the Court, um, that, that judges essentially have to take judicial notice of. I mean you’ve got World War II, you’ve got uh, uh, uh, the doctrines of Nazism, that, that we are fighting against, that start looking uncomfortably similar to what we have going on, back here at home.”

Now I could pile on to Obama, and it would be easy. I won’t, though, because I can think of a perfect example in which the Court did exactly that in the midst of WWII – the famous flag salute case, WEST VIRGINIA STATE BOARD OF EDUCATION ET AL. v. BARNETTE (319 U.S. 624). Consider this “money quote” from the decision, which is exactly the sort of thing that Obama is talking about.

As governmental pressure toward unity becomes greater, so strife becomes more bitter as to whose unity it shall be. Probably no deeper division of our people could proceed from any provocation than from finding it necessary to choose what doctrine and whose program public educational officials shall compel youth to unite in embracing. Ultimate futility of such attempts to compel coherence is the lesson of every such effort from the Roman drive to stamp out Christianity as a disturber of its pagan unity, the Inquisition, as a means to religious and dynastic unity, the Siberian exiles as a means to Russian unity, n to the fast failing efforts of our present totalitarian enemiesose who begin coercive elimination of dissent soon find themselves exterminating dissenters. Compulsory unification of opinion achieves only the unanimity of the graveyard.

Indeed, one can reasonably presume that this is the sort of judicial notice to which Obama was referring. The sort of political conformity that the mandatory flag salute required was eerily similar to that required by the Hitler regime, even if more benignly intended. Similarly, the internment of citizens by the Roosevelt administration based upon race and ethnicity in the name of national security did bear a parallel to the much more extreme actions of the Nazis.

Unfortunately for supporters of Obama, other recently disclose Obama quotes signal a dangerous propensity to disregard the text of the Constitution in favor of some other, extra-constitutional scheme designed to dispossess citizens of their property for purposes of redistribution. That is where we need to focus, not upon this relatively benign statement.

Posted by: Greg at 09:21 AM | Comments (4) | Add Comment
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