The American Congress, just prior to taking a short break, passed the Marriage Protection Act. This is a significant piece of legislation in that it denies all federal courts, including the Supreme Court, the right to test the constitutionality of the Defense of Marriage Act.
It is being perceived as the voters reclaiming their right to choose those who create and amend the law ie congressmen and senators from those selected on politically expedient grounds, namely judges.
Indeed it is primarily through these self-same federal courts that the very fabric of American society is seen by some to be breaking down.
Gay marriage, death penalty, abortion, right to discipline children et al are being "measured" by judges and tested against their constitutionality.
In Europe and in particular within the European Union the same "phenomena" is taking place. Court decisions of individual member states are being taken to Europe on appeal.
While in America it may become a power struggle between Legislature and Judiciary as opposed to the courts of the individual members of the European Union challenging the EU courts, one disturbing issue is emerging : the Super Right.
In law every right must have a balancing obligation or the right becomes meaningless. If everyone has a green traffic light or a red one, then nobody can go or everyone can go, which means nobody can go. This is your classic example of anarchy.
As a result of media pressure, civil liberty groups and a desire to be seen as forward thinking, the American Courts and those in Europe have gone all out to afford the individual a parcel of rights which even they neither need nor should be in possession of.
The result is a dog in a meat factory. He will eat until he can't move because that's the nature of the beast. The leash or obligation to stop not being in place the animal could even kill itself.
The same thing is happening in Europe and America : Individuals possessed of these "super rights" are smashing forward unchecked by obligations. The result is not being all the individual you can be, it's rather fear and anarchy.
Lets look at a few examples. Children cannot be smacked and any hint of "abuse" is clamped down on disproportionately to whom the suspect is. In addition schools are given no effective disciplinary powers to combat truancy, criminal behaviour or even refusal to learn.
This is but the smallest tip of an enormous iceberg of rights which children now possess. Have the legislators and judiciary put into place a set of obligations which will balance this loss of guidance, for that is what most parents and teachers give, and avoid suicides, deaths, child pregnancies, dropping out, drug addiction, depression and on and on which statistics show have rocketed?
The answer is no. Why would anyone who is so busy slapping themselves on the back for being modern and robust in his allocation of freedoms concern themselves with what nature requires - a balancing force. If you remove the pillars of a structure and don't offer an altrnative form of support you occasion it's collapse.
In other words all these children armed with all those rights are not happier more balanced individuals. They are merely aware that there is no effective control over them. As indicated above the result is enormous damage to the children, no effective control over them, legislators and courts only concerned with further empowering them and a generation of people who don't respect others or themselves in the making.
A further example is abortion. I am pro-life but no rabid anti-abortion campaigner. What I do find objectionable is the fact that there is a lack of sensitivity on this issue. The latest example being the right of doctors to perform abortions without informing parents.
Accordingly more rights to the minor, more rights to the state with no obligation to balance this. Now try and tell young teenagers not to have sex or more importantly to wear condoms. Why bother they have a machine geared to dump "waste" now?
As a criminal specialist attorney, I often marvel at the timeline that can be drawn from the start of super rights unchecked to the tragedy when a whole group of them join together to offer nothing but anarchy when dealing with an issue.
Adolf Hitler started out slowly and then snowballed. Anyone who suggested effective measures was either laughed at or ignored until Europe was powerless. It took men of boundaries Churchill and Roosevelt to restore certainty, leadership and guidance.
The generation of Super Right Holders will not be told when to go and when to stop. They know their rights and they have no obligations. The foundation for World War III is being laid in the court rooms and parliments of America and Europe.