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COLUMN: Consent of the governed and judicial tyranny

by FRANK MIELE
| May 14, 2016 7:00 PM

If you had thought the far-left lunacy that has taken over Washington, D.C., could not possibly reach into Montana and cancel out our Big Sky common sense, then you had better check your dose of medical marijuana.

Get it? The very fact that Montana approved medical marijuana several years ago (and virtually legalized marijuana use altogether at one point) shows just how far gone we already are. Throw in the fact that Montana legalized same-sex marriage before being ordered to do so by the U.S. Supreme Court, plus the virtual war on free speech being waged by the Commissioner of Political Correctness (oops! that’s Political Practices!), and you quickly surmise that you’re not in Kansas anymore when you’re in Montana. This state is now someplace well over the Rainbow Coalition.

Admittedly, the Montanans you meet at the local diner or bar or gym or Kmart are probably going to be the salt of the earth. They aren’t the problem. But the folks you meet behind the bar of the court, that’s another story. Indeed, most of the destructive changes in Montana culture and law have been brought about not by the Legislature or by Montana’s citizens (Remember “We the People”?) but instead by Montana’s judges, both state and federal variety, who have engineered a fundamental transformation of our state by taking advantage of our citizenry’s decency and trust.

Yes, Montana is a purple state in that it has elected both Democrats and Republicans to statewide offices, but at heart we are a conservative state — a state grounded in traditional values such as respect for God, love of country, hard work and fair play. Unfortunately, because we go along to get along, we’ve been an easy target for the folks who are offended by God, are not that into patriotism, prefer not to work if at all possible, and think Fair Play is an amusement park ride.

Consider this: According to a 2012 study by two political science professors at Stanford, Montana’s state Supreme Court is the sixth most liberal court in the country. No wonder folks from California like to move to Montana! They probably view us as a colony.

The latest last straw that should motivate a political revolution in our state, but probably won’t, happened on Tuesday when the Montana Supreme Court threw out a voter-approved law meant to send a clear message to illegal aliens that they are not welcome here.

The court’s incredibly unanimous decision upheld a 2014 ruling that the law denying unemployment benefits, university enrollment and other services to illegal immigrants is unconstitutional. In addition, the Supreme Court upped the ante and declared that it was unconstitutional to require state workers to report to federal immigration officials the names of applicants who appear to be in the country illegally.

Mind you, this ballot referendum was approved by 80 percent of the voters in 2012, and reflects the state’s interest in protecting its resources from being exploited by non-citizens. It also reflects a deep-seated resentment against the federal government for failing to honor its constitutional obligation to secure the welfare of “we the people” and protect us against invasion.

It is absolutely infuriating, therefore, that our state’s “non-partisan” judicial elections have resulted in a left-leaning court that toadies to the federal government like good little lickspittles. Will of the people be damned.

Unfortunately, there appears to be very little willpower in Montana or any other state to fight back against the federal tyranny with the same vigor that our Founding Fathers generated against British tyranny.

Instead, there is the submission inherent in the words of Montana Attorney General Tim Fox, who defended the law throughout the proceedings: “The case is concluded, but it remains to be seen if the federal government will ever fulfill its duty.”

Should Thomas Jefferson have taken the same complacent approach to King George III, we would never have read these stirring words in the Declaration of Independence:

“... Governments are instituted among Men, deriving their just powers from the consent of the governed” and “whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”

It is our safety and happiness that are at stake now. Are you willing to wait and see “if the federal government will ever fulfill its duty” to protect us from illegal immigration — or do you demand change now?

Who do you side with? The liberal Montana Supreme Court or Thomas Jefferson?