« Project Veritas nukes Sen. McCaskill on guns! | Main | Misleading Brady Campaign fundraiser »
A plan to pack the Supreme Court?
Story here.
3 Comments | Leave a comment
This is true. Nevertheless, the voice of the People is difficult to implement. A Constitutional amendment takes a near consensus; and a long time. As well it should. The legislative process through elected legislators doesn't work very well.
We have, in judicial review, a system that has worked - for better or for worse - for 200+ years. What could make it better?
Until someone proposes a plan that could be implemented within the existing Constitutional framework (with or without an amendment) we need to live with the system we have - including it's faults and failures.
Ultimately, the fault lies with we the People who vote; or don't vote. When we elect Presidents who make bad nominations to the Federal bench we live with their mistakes. When we elect Senators who confirm bad nominees we live with their mistakes.
Our system is NOT one of "majority rules"; it is a constitutional republic. That means that there are rights - enumerated and unenumerated - that we must all respect - even the rights of those who hold minority opinions. The process for suppressing minority rights takes 38 state legislatures to ratify. And it is that super-majority that stands in the way of suppressing the right to arms.
To pass legislation - a majority. To confirm a presidential choice - a majority. To elect anyone - a majority. Judicial decisions - a majority. ETC.
Recognizing and respecting rights, etc is based on knowledge, understanding that Rights come from God, everything in the law of man is a privilege or an immunity not a right. Maybe 38 states were on the side of no SSM.
Locke told us:
"For what is the point of drawing up dumb, silent statements of laws, if anybody may attach a new meaning to the words to suit his own taste, find some remote interpretation, and twist the words to fit the situation and his own opinion?"
This is the clearest definition of the courts' behavior throughout the history of the Union, not a constitutional republic, not a nation, a UNION of 50 nations sometimes known as States, a term synonymous with Nation. See Declaration of Independence final paragraph in references to Great Britain. See all references to the US in the Constitution as a plural.
This is why the People have to learn and remember that the Supreme Court DOES NOT have the final say.
As Blackstone states:
For whenever a question arises between the society at large and any magistrate vested with powers originally delegated by that society, it must be decided by the voice of the society itself: there is not upon earth any other tribunal to resort to.
Sir William Blackstone, Blackstone's Commentaries on the Laws of England, Book I, Chp3, pg.205/6
The judges on the SC are magistrates vested with powers originally delegated by society. The lies that have been foisted upon the People for the past 200 years concerning the finality of the SC need to be brought into the open and stopped.
The recent SC decision concerning same sex marriage is an area where the People said no and the court overturned the People's will. At least 34 states were against same sex marriage. That number is a majority and that majority should have overridden any court decision. The SC is subordinate to the Constitution. Only the People are superior to the Constitution since the People created it. We the People are the final determiners of the meaning of our own creation not 9 or 15 or 35 or whatever number of judges are on the bench.