The Equal Protection Clause

As Is The Feeling,
So Is The Result.

Thandava
Christian Culture

The Omnipresence of God and the Oneness of Humanity.

The gist of Codevilla’s essay titled Revolution 2020 is his discussion of the equal protection clause of the 14th Amendment as related to the Supreme Court decision in Brown vs. Board of Education.

Brown vs. Board of Education would be properly disposed by prosecuting the Board for not providing equal protection of the laws, not by forcing the Board’s choice in the direction of a particular outcome, and certainly not by positing as fact a tendentious opinion, that separate educational facilities are inherently unequal.

Lots of fur flies this way and that today regarding uses, abuses, and quashes of the freedom of speech protection in the 1st Amendment. However, the part of the Constitution most attacked today, the part most maliciously ignored, is that which arrests Codevilla’s attention: the equal protection clause of the 14th Amendment.

Americans are well-inoculated against attacks on their freedom of speech. It helps that any such attack is about as subtle as finger nails scratching a blackboard. Abridgments of free speech trumpet their presence unmistakably.

Violations of fairness, which in American jurisprudence embody as the equal protection clause, arrive on cats’ paws, usually in the middle of the night, and show their jagged jaws just an instant before they clamp around one’s body, mind, and spirit.

Angelo notes Brown vs. Board of Education as the intellectual precursor and juridical pretext for what he calls The Little Law That Ate the Constitution: the Civil Rights Act of 1964.

Brown posited authority for a government (aka an elected, appointed, or hired official, who is a human creature along with every other citizen) to compel a choice by other citizens, that is, to condition their freedom and, in so doing, to stand them outside equal protection of the laws, which is to say, equal protection by and from government officials. The Civil Rights Act of 1964 showed where and how to compel choice — nudge they call it now — and invited all and sundry to try their hand at it, that is, at propounding pretexts to force choice on fellow citizens, to deny equal protection of laws to whomever one wishes to afflict.

When you compel behavior one way, you restrict or obliterate behavior elsehow. Decision means cutting away other possible courses of action in favor of using one only. A government who make decisions for citizens by, in effect, force majeure, without citizens’ let or leave through vote or representation, definitionally breaches — or as Angelo puts it, eats — the Constitution.

All of the Constitution is essential in one way or another. However, aspects of it are more fundamental to its entirety than are others. I think the equal protection clause of the 14th Amendment is the most fundamental of all aspects because it enshrines the principle of fairness, which is the legal / social embodiment of The Atma / The Christ principle, whose home each of us is. The great theological principle of non-duality has its political correlate in the great legal principle of equal protection of the laws.

Progressives have eaten up heart, liver, and lungs, the most nutritious parts of the Constitution, so to speak, by denouncing in thought, word, deed, and posited law the equal protection clause of the 14th Amendment. They know what they are about. Defeat in 1865 still rankles their ankles.

CRITICAL RACE THEORY
(Diversity, Equity, Inclusion)
reads their current escutcheon.

Supreme Court appointees should be vetted thoroughly on their grasp of and fidelity to the equal protection clause of the 14th Amendment. Constitutional Originalism is all well and good. But it is not enough to measure an American jurist. The equal protection clause is where the money is, to use Bing Crosby’s line in Let’s Make Love.

Victory Girls: Critical Race Theory Is Divisive And Discriminatory


In a very real sense — a phrase Theobald (The Triple Revolution) would use, frequently — Progressives are steadfast in their refusal to accept the verdict of The Civil War Between The States. The verdict was that the union of states is indissoluble and equal protection of the laws of each state cannot be denied to any of their citizens. Slavery was at most a pretext, a flash point, a convenient occasion for the war. At first it figured almost not at all. The meta-matters at issue were the principles of indissolubility and fairness.

War settles disputes when less sanguinary methods cannot. The aura of dishonor Progressives walk about inside is erected by them from their refusal to honor the principles of indissolubility and fairness, their insistence on telling others how to live, their general rejection of the verdict of battle called The Civil War Between The States.

Now Progressives want another war over the same issues, the issues of indissolubility and fairness, to see if they can win this time. They seem confident that they can but know that they cannot. Still, they are resolved to force the issues to the field of battle, much to the delight of Europe, China, and the Salafi-Shiite Jihad.


Someone saw this attack on the Constitution coming — using the 1st and 14th Amendments — in August 2007. And its Jihadi component.


Well and good. However, this [a quash of free speech] is a flanking action against the Constitution, swift and persistent but light in force. The main body of Progressives’ energy marches against the equal protection clause of the 14th Amendment, the clause Progressives’ ancestors compelled into existence by their refusal to regard freed slaves and abolitionists as human creatures comprising the same divine essence as their own.

Brown vs. Board of Education would be properly disposed by prosecuting the Board for not providing equal protection, not by forcing the Board’s choice in the direction of a particular outcome.

Lawyers who oppose the equal protection clause, who work to compel now this behavior and now that, subvert their guild’s business model. They are reduced in the end to anxiety about riding the next hysteria or facing penury. Fairness is the only and true safety.

Diversity, equity, and inclusion is code from Progressives’ Critical Race Theory, which can go either way, against whites or against blacks or against persons answering to some other description. At the moment, Diversity means Black, Equity means Domination, and Inclusion means Only. Tomorrow, Critical Race Theorists could pronounce: Diversity means White, Equity means Domination, and Inclusion means Only. The variable is Progressives’ impulse to raise hell by the readiest means at hand, using race, a tendentious identifier to begin with, as herd culler.

A week ago, West Point slapped Critical Race Theory code on Honorable Living Day/Week, which is meant to be an annual program and was initiated by the Supe in 2019 as a compulsory Maoist-like struggle session demanded of the entire Corps, Faculty, and Staff all together all at once. This year, Honorable Living Day initiated Honorable Living Week at Michie Stadium on 23 September 2020 [my birthday].

Third world policies and procedures are not intended to produce a first world armed force. Why does Congress compel, why does The U.S. Army want, taxpayers to pay for less than they expect?


When the reservoir is full, the water taps will flow; when the heart is the reservoir of love, sympathy and faith, acts, words and thoughts will help peace and joy. Politicians however do not recognise these needs; they fill the young hearts with hate, envy and greed, and spur them on to violence and vituperation. They draw them away from the classroom, the library and the laboratory and make them tramp the streets. They prod them to injure innocents, damage property and behave wildly, with fury. Indian Culture never encourages the use of force for effecting changes in law or social conditions or people’s attitudes. Gandhi directed the movement for Indian Independence along spiritual lines which drew courage and confidence, and communicated to people both recitation and reflection on the Names of God. He cleansed the heart of the nation, of hatred and envy, of fear and doubt. He stuck to the ideal and the path; you too should do the same.

Βασιλεία του Θεού

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