In the history of the United
States, there are two United States Supreme Court decisions that everyone agrees
were breathtakingly egregious. Both were rulings focusing on government laws
that tried to police the natural course of human beings and both times the Court
came down on the wrong side of nature.
The first case involved an
African-American man named Dred Scott who was bought as a slave. Although his
master, Peter Blow, moved from Virginia to the state of Missouri where slavery
was illegal, Scott wouldn't be released by Blow. Scott attempted to purchase his
freedom and was denied, so he sued for his family's freedom.
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In 1850, the St. Louis circuit court ruled that Scott was free, but appeals and
counter appeals went all the way up to the Supreme Court, which threw out the
verdict on the grounds that as a man of African descent, Scott didn't have
standing to sue in a court of law. In fact, the Supreme Court ruled that "When
the Constitution was adopted, [those of African descent] were not regarded in
any of the States as members of the community which constituted the State, and
were not numbered among its 'people or citizens.' Consequently, the special
rights and immunities guarantied to citizens do not apply to them."
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The second case focused on a woman named Carrie Buck and the state of Virginia's
desire to forcibly sterilize her against her will. Virginia had recently passed
a law that "the state could sterilize anyone found to be incompetent because of
alcoholism, epilepsy, feeblemindedness, insanity, or other factors."
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Buck was presumed to be feeble-minded and to have come from a mother who was
similarly classified as such. You can read the
details here, but the Supreme Court agreed that the state had a compelling
interest in forcibly sterilizing Buck against her will, with Justice Oliver
Wendell Holmes famously pronouncing "Three generations of imbeciles are enough."
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Redefining What It Means to Be Human
Some would point to both these decisions as wrong because the Court did not
grant more freedom to the plaintiff. But it isn't freedom in the sense of the
unrestricted ability to do what one wants that was at issue. For example, there
is a real compelling interest to incarcerate dangerous criminals. If granting
freedom for freedom's sake is all that we should recognize, then prisons don't
make much sense.
It isn't freedom where the courts went awry, it was the fact
that the court tried to override the natural understanding of what it means to
be human. The Dred Scott decision sought to redefine the concept of a person,
stating that the government has the power to define just who qualifies as a
person. If your family is from the African continent, then the government is
within its right to redefine your personhood. The
Buck v Bell decision argued
that the government had the right to redefine who is deserving of having
children or which genes should be passed on to future generations.
Nature and Natural Law
In both cases, nature and biology would say that there is nothing
fundamentally different in Mr. Scott's makeup that makes him any less human and
therefore any less a person than anyone else. In Carrie Buck's case, the Court
allowed the state to break the natural function of her body and stop it from
reproducing. In both cases, the Courts didn't recognize the facts that natural
law had established but thought that government institutions could redefine
natural law into whatever meaning they wished.
Today, there are two other
cases that divide the people. In the 1972
Roe v Wade decision, the Court granted
the states the power to redefine an unborn baby as something other than a
person, and, just like Dred Scott, without guarantee of the rights and
protections that all citizens enjoy. In the as yet undecided same-sex marriage
cases, the Court is weighing whether states can refuse to redefine marriage to
include same-sex couples. States that make such inclusions are also ignoring the
natural process that every child is the product of a man and a woman and
marriage is simply the codification that process as the best environment for
children.
The Danger of Tyranny
We see the decisions against Scott and Buck as coercive intrusions of
government over flexing its power to thwart what "Nature and Nature's God
entitle them" as the Declaration puts it. Governments must maintain law and
order. However, any government that believes it can redefine any aspect of
natural law is not creating more freedom; it is creating enslavement. For even
if you are a proponent of the new definition, you are conceding that the
Government has the power to ignore nature and redefine any aspect of humanity
that it so wishes. Once we cede such power to the courts or the government, there
are no limits to the tyrannies they could enact. Natural rights must be anchored
in natural law and natural law is reflected in our natural biology. When
legislation or legal opinions contradict the basic functions of human beings, we
all lose.
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