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Law: Last Bastions
The only idea that I ever got credit for was my statement that, in every big change in our society, the federal courts are always the last resort of those who were going out of power.
In 1934 the courts ruled for the Indians and Andrew Jackson told them to go to hell. In 1857 the Court ruled that the congress could not prevent slavery from being extended into he western territories and the 1860 Republican platform told them to go to hell.
In the 1930s the courts tried to stop the New Deal and Roosevelt tried to pack the court. History says he succeeded, because his court-packing plan was rejected. But he kept getting reelected and got himself his own court. Today the courts back every 1960s-style “Social Experiment.”
When the courts are your last bastions, a person who knows history puts the undertaker on alert.
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