Movie fans will recall this line from the classic 1933 horror flick “Island of Lost Souls” (based on the 1896 H.G. Wells novel, and horribly remade in 1996). It is voiced by mad scientist Dr. Moreau (Charles Laughton), as he addresses his half-animal/half human creations:
Dr. Moreau: What is the law?
Sayer of the Law (Bela Lugosi): Not to eat meat, that is the law. Are we not men?
Beasts (in unison): Are we not men?
Dr. Moreau: What is the law?
Sayer of the Law: Not to go on all fours, that is the law. Are we not men?
Beasts (in unison): Are we not men?
Dr. Moreau: What is the law?
Sayer of the Law: Not to spill blood, that is the law. Are we not men?
Beasts (in unison): Are we not men?
Moreau is attempting to humanize his monsters with laws. Unfortunately for the good doctor, it doesn’t work, as the movie ends in a terrifying off-screen sequence in which Moreau is viciously killed in his very own “house of pain.”
Here, then, was a case of proscription (Thou shalt not…). The other traditional form of law is a prescription or direct positive order (Thou shalt…). Lately, we have added another version, that would, by reversing age-old proscriptions, permit and perhaps even encourage certain behavior (Now, thou canst…). The endless struggle over federal judges, especially Supreme Court justices, centers on this newest wrinkle.
The two most obvious examples are the creation of unlimited abortion rights, and the notion of homosexual marriage. In both cases, the immemorial structure of the family is maliciously attacked, with the ultimate goal of substituting the State in its place. Related to this, the recent decision in Kelo v. New London, allows the government to take home and hearth for any reason it chooses, in a sneaky perversion of the Fifth Amendment. Previously, all the fascist State could do was raise taxes to levels that might force some out of their homes, but this at least had to be tempered with the desire of officials to get reelected. Not anymore!
One might ask how we got to this point.
In ancient times, the law worked because it was clear to all that it was an essential civilizing force; there were relatively few regulations; and enforcement was generally quick, harsh, and just. It doesn’t work now because it is arbitrary (Ten Commandments allowed to be posted or not for no logical reason); contradictory (racial discrimination is wrong and right); enforcement is capricious (Martha Stewart is quickly nailed, but the Enron perps are still free to cheat another day); is anything but harsh (repeat offenders are continually sprung to offend again); and it is seen as a tool for Leftist fascists to promote their sick social agenda.
Thus, looking at the big picture, it will take more than a few conservative judges to repair the damage. The Federal leviathan originated with Lincoln, and was set on its present metastatic course by FDR. More than that, it is apparent that many Americans (not yet a majority, perhaps) are quite happy with the emergence of Big Brother, as they trade in their freedom for a particular crumb or two.
For the rest of us, the hope is that new media, an empowered younger generation, and the gradual extinction of the Left by its own practice of abortion, can turn the tide.