Home > Uncategorized > A Nihilistic Form of Government, This United States! (Political Poem)

A Nihilistic Form of Government, This United States! (Political Poem)

Thursday, April 20, 2006 Leave a comment Go to comments

The American Legal System is Corrupt Beyond Recognition!” Screams Judge Edith Jones

On February 28, 2003 The Judge Edith Jones of the Fifth Circuit Court of Appeals (became the Chief Judge of the Fifth Circuit on January 16, 2006) told the Federalist Society of Harvard Law School that the American legal system is corrupt almost beyond recognition.

She said that the question of what is morally right is routinely sacrificed to what is politically expedient. The change has come because legal philosophy has descended to nihilism.

“The first 100 years of American lawyers were trained on Blackstone, who wrote that: ‘The law of nature–dictated by God himself–is binding in all counties and at all times; no human laws are of any validity if contrary to this; and such of them as are valid derive all force and all their authority from this original.’ The Framers created a government of limited power with this understanding of the rule of law – that it was dependent on transcendent religious obligation,” said Jones.

“This is not a prescription for intolerance or narrow sectarianism for unalienable rights were given by God to all our fellow citizens. Having lost sight of the moral and religious foundations of the rule of law, we are vulnerable to the destruction of our freedom, our equality before the law and our self-respect. It is my fervent hope that this new century will experience a revival of the original understanding of the rule of law and its roots.”

Threats to the Rule of Law

The legal system itself.
The government.
The most comprehensive threat is contemporary legal philosopy.

“Throughout my professional life, American legal education has been ruled by theories like positivism, the residue of legal realism, critical legal studies, post-modernism and other philosophical fashions,” said Jones. “Each of these theories has a lot to say about the ‘is’ of law, but none of them addresses the ‘ought,’ the moral foundation or direction of law.”

Jones quoted Roger C. Cramton, a law professor at Cornell University, who wrote in the 1970s that “the ordinary religion of the law school classroom” is “a moral relativism tending toward nihilism, a pragmatism tending toward an amoral instrumentalism, a realism tending toward cynicism, an individualism tending toward atomism, and a faith in reason and democratic processes tending toward mere credulity and idolatry.”

Jones said that all of these threats to the rule of law have a common thread running through them, and she quoted Professor Harold Berman to identify it: “The traditional Western beliefs in the structural integrity of law, its ongoingness, its religious roots, its transcendent qualities, are disappearing not only from the minds of law teachers and law students but also from the consciousness of the vast majority of citizens, the people as a whole; and more than that, they are disappearing from the law itself. The law itself is becoming more fragmented, more subjective, geared more to expediency and less to morality. The historical soil of the Western legal tradition is being washed away and the tradition itself is threatened with collapse.”

Judge Jones concluded with another thought from George Washington: “Of all the dispositions and habits which lead to prosperity, religion and morality are indispensable supports. In vain would that man claim the tribute of patriotism who should labor to subvert these great pillars of human happiness – these firmest props of the duties of men and citizens.”

Upon taking questions from students, Judge Jones recommended Michael Novak’s book, On Two Wings: Humble Faith and Common Sense.

“Natural law is not a prescriptive way to solve problems,” Jones said. “It is a way to look at life starting with the Ten Commandments.”

Judge Edith Jones’ remarks inspired me to write my nihilistic poem which I include here:

A Nihilistic Form of Government, This United States!
By Don Hamrick
© 2004 Don Hamrick

Give us this day our daily servilism,
So that actual freedom may never taunt,
The spirit in us, into a future pugilism.
Lest the government forever haunt.
……………………………………………….How long?

Henry Hyde confessed that fateful day,
The Constitution, no longer relevant.
’Tis our fault we are slaves today,
We refused to be freedom’s adjuvant.
……………………………………………….How long?

Our Republican government, overthrown,
By the Department of Homeland Insecurity.
Terrorism, its propaganda, overblown,
Freedom guaranteed by enslavement to security.
……………………………………………….How long?

A new mythos proclaimed from this nihilism,
Only deadens our sense of discernment.
From this ethos of paranoia comes this falabilism,
You can’t be trusted. But trust the government.
……………………………………………….How long?

Deceiving us in a blanket of security,
That we are safe from a world of dangers.
Forever oppressed our sense of responsibility,
To protect ourselves from such harbingers.
……………………………………………….How long?

In vain we plead our Second Amendment right
To contest government edicts from on high
The courts rule our arguments as so much tripe
They say it does not apply on the thigh
……………………………………………….How long?

Three doors of government slammed shut
Leaving us to agitate for want of freedom
The rule of law now is anything but
As we live in this wretched thraldom
……………………………………………….How long?

How long will we sit and cower
Resenting those who act above the law
Before we stand up for balance of power
To stop the advancing rape of law
……………………………………………….How long?

Lost to us now our Bill of Rights
This Nihilistic government frights.
……………………………………………….Will it be much longer?

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