Tuesday, May 27, 2014

What's constitutional is at the whims of a handful of judges


Many, if not most, Americans believe that the US Supreme Court has the last word on what's constitutional or what the Constitution means. Those believers are wrong.

The idea that the US Supreme Court has the final say on the law comes from the Court itself -- not from the Constitution (see Marbury v. Madison). Congress has consistently shown that if lacks the courage, integrity, and understanding to stand up to the Supremes.

The US Supreme Court often issues opinions that are wrong and sometimes outright evil! The justices on the Court rarely agree on anything. How can they get so much wrong? Because they rarely rely on the Constitution to determine what's constitutional. Instead, they rely on "precedents" -- often-flawed opinions of past judges!

Now, we learn that, in the background, Supreme Court justices quietly edit their opinions without public notice or input!

The Constitution clearly specifies that Congress is the legislative (law-making) branch of the central government. Not bureaucrats in the executive branch. Not unelected lawyers in imperial black dresses.

The Constitution requires all government officials (politicians, judges, bureaucrats, law enforcement officers (including all attorneys) and members of the military forces) to swear to be loyal to the US Constitution -- not to judicial opinions and precedents, political parties, or to any person or group of persons.
One single object will merit the endless gratitude of the society: that of restraining the judges from usurping legislation. — Thomas Jefferson, letter to Edward Livingston, March 25, 1825

The public welfare demands that constitutional cases must be decided according to the terms of the Constitution itself, and not according to judges' views of fairness, reasonableness, or justice. I have no fear of constitutional amendments properly adopted, but I do fear the rewriting of the Constitution by judges under the guise of interpretation. — Justice Hugo Black, Columbia University's Charpentier Lectures (1968)
While many citizens don't take a formal oath of loyalty to the Constitution, it is imperative that all voters understand the Constitution and the principles upon it was built and vote accordingly. Vote for principles -- not people or issues.

We need smarter voters.



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