Several
weeks ago, the United States Supreme Court,
a court that has been perceived as very conservative and with the
majority of the Justices appointed by Republican Presidents, issued two
landmark decisions that seemed to fly in the face of its “conservative”/Republican
perception. One decision upheld the Affordable Care Act, cynically called
Obama care. For many Republican congressman and Senators and their most
vociferous constituents, this decision was another step towards “Socialism”.
Funny I have been living here in Toronto for five years now. Sure I have my
criticism of health care, but “socialism” isn’t one of the criticisms. The
other landmark decision finally legalized same-sex marriage. Again, certain
Republican Senators and Congressman and their constituents considered this the
end of the Western Society. When the question was taken to the “person on the
street”; some were so angered that they thought they would now move to
Canada. I have always said that my home
country has always possessed a certain anti-intellectual strain. Well it’s not
just anti- intellectual sometimes I think it’s just anti-thoughtful. I guess
they didn’t know that Canada has had legalized same sex marriage for the past
decade. What with a national health care, and same sex marriage; funny thing it
doesn’t feel Canada has fallen off the map.
I guess Mexico is out of the question, especially after Donald Trump
shared his feelings about Mexicans. As idiotic as some of the responses have
been to these two Supreme Court decisions, the response of certain individuals
running for the Republican nomination has been disturbing to say the least and
borderline treasonous to say the most. Some of these “leaders” have said that
the Supreme Court decision should be ignored. Ted Cruz, a senator from Texas, a graduate of
Harvard Law School, (and born in Canada to American parents) made the most
disturbing troubling statements. “What we saw was five unelected lawyers saying
that the views of 320 Americans don't matter because they're going to enforce
their own policies…"What a crazy system to have the most important issues
of our day decided by unelected lawyers."
Here is someone who understands the sanctity of the law, of Judicial Review,
and the United States Constitution and he demeans the sanctity of law and the
courts because the decision wasn’t what he wanted. For such a smart guy, he
certainly seems quite intellectually dishonest.
This
Shabbat we read from Parsha Devarim. This week’s Parshah is Devarim, which is
the first Parshah of the Book of Deuteronomy or Sefer Devarim. Moshe recounts
in very wide brushstrokes, the experience of the generation that fled Egypt. Moshe
begins with the appointment of Judges. Then recounts their departure from
Chorev (Sinai); after the Torah had been given; after the incident of the
Golden Calf. Rather he recounts the incident with the spies. He recounts their
travels through the wilderness and their victories over Esav over Moab, their
inevitable march towards their covenanted land, Eretz Canaan, their most recent
conquest of Og and finally Moshe’s version of the 2 ½ tribes request to remain
on the eastern side of the Jordan River.
Except for the appointment of Judges; underlying all the other events
that Moshe recounts is the relationship of Faith to B’nai Yisroel’s success.
When B’nai Yisroel has Faith in God, then only good things happen. When B’nai
Yisroel lacks faith, then B’nai Yisroel suffers; they suffer from plague, they
suffer from wandering for 40 years.
Clearly,
Moshe telling B’nai Yisroel about the Appointment of Judges, does not seem to
fit the underlying agenda of Emunah, of faith.
So why does Moshe begin his historical recounting with appointing Judges. Va’ Ekach et Roshei Shivteichem Anashim
Chachamim Vidu’im Va’Etein Otam Roshim Aleichem Sarei Alafim V’Sarei M’ot V’Sarie Chamishim V’Sarei
Asarot V’Shotrim L’Shivteichem: So I
took the heads of your tribes, distinguished men, who were wise and well known,
and I appointed them as heads over you, leaders of thousands, leaders of hundreds,
leaders of fifties and leaders of tens, and officers for your tribes. (Deut.
1:15) As important as Emunah is for B’nai Yisroel, without a just that accepts
the fundamental importance of the rule of law, the sanctity of the law, courts
and judges, then society cannot function. Without the sanctity of Law and
Judges; Faith becomes whatever someone says it is. Moshe reminds the people Ki Mishpat L’Elohim – for the Judgment is Gods’; (Deut.
1:17). The commentators explain that the
process of Judging is a Godly endeavor, rendering a decision based upon
listening, based upon evidence, and their wisdom makes the decision Godly.
The
sanctity of the Law, the Sanctity of the Courts, and the criteria for choosing
Judges based solely upon wisdom and intelligence, and not political affiliation
nor popularity was revolutionary for the day. Ironically it is the basis upon
which Liberal Democracy and Constitutional laws are built. It’s not accidental
that a bust of Moshe Rabeinu sits above the Speaker of the House in the Capitol
Building. Yes, Supreme Court Judges are appointed by the leader, the criteria
is the breadth of knowledge and the wisdom to apply it. The focus is not upon
the weak nor the strong, as the Moshe reminds the judges to favor neither. The
focus is upon the sanctity and integrity of the law. So how can someone running
for President, whose fundamental responsibility is to protect the Constitution,
demean the Supreme Court and want them to become elected officials subjected to
popular opinion as opposed to interpreting law?
Peace,
Rav Yitz
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