So Sue Me

In 1832, the US Supreme Court decided Worcester v Georgia but President Jackson didn't like the decision, so he ignored it.  The popular myth at the time was that he said:  "John Marshall has made his decision; now let him enforce it!"

This is lawless behavior.  It is disregard for the court and its role.  Our respect for and obedience to law does not rest on the power of the court.  The court has no real power.  Justice Roberts has no praetorian guard or army divisions to back up his decisions.  He has the deference of the nation, and its officials.  He has the honor of those who have taken an oath to protect and defend the constitution.  The court relies on the loyalty of citizens to the constitution.  I think it should be clear to all of us that if our courts had to force people to follow their rulings, there would be no law.  We would have lawless chaos.

If you visit a neighbor with some issue about his dog, you normally expect your neighbor to listen to you, and make an effort to address your concerns.  Neighbors need to work a little to remain good neighbors.

On the other hand, if your neighbor reacts to your entreaties about his dog with "so sue me", most people would see that as arrogant and hostile.  It's not an invitation to involve a third party and resolve the dispute.  It would be seen as a declaration that he's not interested in what you want.  It's the moral equivalent of the bully on the playground saying "I do as I please.  Make me."

I read today a comment from David Axelrod, in an interview about the recent controversies around the PPACA.  Axelrod reacted to accusations that some actions of the president have been illegal and/or unconstitutional. Some have said that the administration lacks legal authority to change mandates and waive taxes.

I was reminded of President Jackson when Axelrod said of the accusations: “Why don’t they go down to the courthouse and test that proposition if they’re so confident about that?”

I read that a little differently.  I read "So sue me".