|
The Principle of Self-Government is Dead!
In the midst of all of the hoopla over the SCOTUS decision re: ACA, the following was overlooked and IMO has the potential to transform our society far beyond the impact of ACA or the recent ruling on same sex marriage. Probably the single most important principle of our form of government is that of self-government. Or at least it has been up to now.
In its decision yesterday in Texas Department of Housing v. Inclusive Communities Project upheld the notion that racial discrimination within a community is proved by the absence of racial diversity in a neighborhood for instance, the so-called disparate racial impact doctrine.
This is a fundamental reversal of the evidentiary basis of proof, i.e. evidence of discriminatory intent or treatment. Now the outcome is sufficient to prove racial discrimination.
More disturbing still is the opinion expressed by Justice Kennedy, writing for the majority opinion, explained that lower courts have upheld disparate impact through various rulings since 1988. The problem is that Congress outlawed disparate racial treatment in the 1968 Fair Housing Act. In justification for the SCOTUS ruling, Kennedy argued that Congress failed to address the disparate impact issue when it reauthorized the Act in 1988 and therefore by its silence on the matter ratified disparate impact.
As a result of this ruling the principle of self-government is dead! IMO this ruling dwarfs the impact of the ACA and same-sex rulings. The latter two will receive all the attention in the media and become a giant misdirection for the sheeple as the most sacred principle of government has just been swept into the annals of history.
__________________
Honor Above All Else
Last edited by Trapper John; 06-26-2015 at 19:41.
Reason: Corrected disparate treatment to disparate impact
|