In his comment here Jehu says we need to “desacralize” the justice system for white people.
This to me points out a basic problem with Americans. Mainstream “conservative” whites- the kind of people who watch Fox News- don’t like the people running the system now, or what they are doing, but they have raised the system itself to God-like status. The Constitution is a holy writ for these people, and they firmly believe if we only followed the Constitution, if only people who were loyal to the Constitution were in office, all would be well.
Just as belief in the Easter Bunny is a fairly new thing, this idea is a reaction to the liberal jurisprudence that came to the forefront in the 50’s. Since Marbury vs. Madison, the US has been run at the whim of federal judges. This has been fine with the people who controlled the federal judiciary. Those not in control of the federal judiciary have been reduced to spluttering that whatever going on was “unconstitutional”. But since the Constitution means whatever the people in power want it to mean, it’s pretty pointless.
This was always the case, but the vulgar display of power became a magnitude more vulgar after World War II. Leftists had imagined a popular revolution that would give them whatever they wanted, but once the Nazis were gone the alliance with communism became repulsive to the common people. Pro-communists like Henry Wallace were rejected at the polls and the numerous communists in the US government came under scrutiny, for a while at least. But by then progressives firmly controlled the federal judiciary, so they began declaring anything they didn’t like, any resistance from the common people “unconstitutional”.
This is also the time frame when the elite dismissed non-elite whites as clients, and took on blacks. But we are discussing legal politics now and not coalition politics, and that topic I have discussed and will discuss extensively elsewhere.
Southerners- having controlled the Supreme Court from John Marshall and Marbury vs. Madison through Roger Taney and Dred Scott- and being deeply nostalgic people with a love for things long past, 100 years past at this point- decided they would try the constitutionalism again and started calling leftist legal initiatives unconstitutional. They didn’t realize that this was a social, cultural and political game, not a legal one, and they had lost all forms of power long ago. Nonetheless libertarians picked up on this and have been trying to apply legal, economic and political logic to the system ever since.
These people aren’t conservatives in any meaningful sense. The term “alternative left” has been used. They aren’t even New Deal democratic socialists, because while the New Deal had some black civil rights elements, it was implicitly segregationist. The Tea Party people don’t put anti-racism front and center, but if questioned would respond as anti-racists and would say they support much civil rights law.
They would be happy to put most people opposing the system, however passively, in jail because they believe the law is an abstract thing that must be obeyed under all circumstances. They would be hostile jurors and informers. They passively accept the system, keep it going through their obedience, and will turn against whites who don’t.
These people believe. Belief is a hard thing to shake. That the system despises them and accounts their obedience for nothing does not register with them. They believe in democracy, the Constitution, but most of all they believe in America.