Tuesday, April 23, 2013

Liberal Rhetoric 101: The Supreme Court Says...

This one comes from yet another conversation with my Twitter friend "Jeff." This time our debate was on abortion. This was his final response:


This is not "Jeff's" real Twitter page although it is his real tweet.
@UpstateMetFan is my Twitter handle, not "Jeff's"
"Jeff" has just demonstrated a class liberal rhetorical fallacy: The Supreme Court said X, ergo X is a fact.

For the record, my entire point to "Jeff" was moral, not Constitutional. I made the argument that abortion was immoral because it was destroying a human being. He relied on the classic liberal platitude of a woman's body and something about "forcing a woman to carry a fetus," ignoring the fact that she made a decision that caused that child to be conceived in the first place.

Back on the subject, the attempt at a shut-down argument using the Supreme Court is illogical and frankly ridiculous. Based on this logic, separate was indeed equal from 1896 through 1954. That's right, starting with the 1896 Plessy v. Ferguson decision, separate facilities, including schools, based on race was perfectly acceptable. By the logic "Jeff" is proposing, not only was this the legal and Constitutional policy, but it was apparently perfectly moral -- because the Supreme Court said so -- until Brown v. Board of Education overturned the Plessy v. Ferguson decision.

I choose the ruling of Plessy v. Ferguson because it has important MORAL implications, not just Constitutional ones. Unlike cases like Citizens United v. Federal Election Commission which dealt only with Constitutional issues, the case of Brown v. Board of Education dealt with a MORAL issue.  Regardless of what the Supreme Court said, separating people by race is morally reprehensible and absolutely wrong.  Brown v. Board of Education was not only needed to change the Constitutional policy but to restore moral practice to the United States. 

If we followed the logic "Jeff" applies, separate but equal was perfectly moral for 58 years, since the Supreme Court said so. Furthermore, if we followed the logic "Jeff" supports, black Americans who were held in slavery weren't a full person but only 3/5 of a person, because that's what was Constitutional until the 13th Amendment rendered
Article 1, Section 2, Paragraph 3 of the Constitution moot in 1865  and the 14th Amendment formally repealed it three years later in 1868.

The bottom line is this: While the Constitution is, in my opinion, the best governing document ever, it was imperfect in it's original writing and required amendments...28 to date...to adjust imperfections in the Constitution. More importantly, just because the Constitution says something doesn't mean it is a moral authority argument. Liberals may try to use a decision from the Supreme Court interpreting the Constitution to answer a moral argument, but ultimately it is a sidestep, ignoring the moral argument entirely.

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