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Saturday, July 11, 2009

The Constitution and SCOTUS




There are many today that would change the Constitution to conform to contemporary values and standards, values and standards that they believe in but that are alien to most in this nation. This is where the fight is and it is continuing struggle one that is part of the protracted conflict within the systemic revolution. In this struggle the old existing order is always replaced by an emerging new order, it is our job to define the new order and not let those on the left do this for us. The principles set forth in the Constitution are fixed and must not be redefined. The equal protection clause of the 14th Amendment has been used to bring about many undesirable changes and is continually being used by those on the left such as the ACLU to advance their agenda's. The interpretation of the Constitution is the important thing and we must always fight for those among us who will continue to stand by the values of the founders. It is never easy defending the status quo because in the end change will come. We must shape and control that change and use the Constitution as a beacon, as a guide, as a blueprint for a just America as those who have gone before us have done.




At this time in our nations history the Senate is again preparing to hold hearings on the confirmation of the latest justice nominated to SCOTUS, Sonja Sotomayor. The outlook for her confirmation seems almost certain at this time despite many disturbing comments and rulings in her past. The bright spot in this otherwise dim picture is that the balance on the court will not be serious effected at this time, since she will be replacing a retiring liberal member, David Souter. She will be questioned vigorously by Republican members on the Senate Judiciary committee regarding past statements and on past rulings, particularly those on "Ricci vs. Destefano" an affirmative action case involving the New Haven Fire Department. A ruling recently over-turned by the Supreme Court. And also her views on guns rights as set forth in the Second Amendment.




The Supreme Court has the final say on many laws passed not only by the federal government, but also laws passed by the states and local governments. In most cases, however it takes years for these cases to work themselves up through the system and reach the court. At that time the court rulings often change all our lives, one only needs to look at "Brown vs. Board of Education" and "Roe vs. Wade" to name but two. And many times the Court will actually reverse itself as it did in "Brown vs. Board of Education" when in that particular case it overturned "Plessy vs. Ferguson" , a case decided some 60 years earlier.


The Supreme Court is a vital component of the national government, but the founding fathers made have made a mistake in the way it was set up. Giving the President the power to appoint the judges and the Senate the power to confirm those appointments does not provide for a true separation of power. And the appointments being for life is something else that is troubling. But this is the system we have with all of its flaws and short comings.
by Ron Russell

2 comments:

Dr. Dave said...

I have little faith in the judicial system anymore...it's a mockery of the Constitution, and a mess. That Ginsburg can say that she original thought abortion was a means for "population control" and still be on the bench is insane. That Sotomayor believes that Latinas can do something better than anyone else is appalling.

It's not only the system we live with, it's part of what's ruining this country.

But don't blame the Founders...blame the Statist's assault on the Constitution in the last 120 years or so that have allowed the Judicial branch to become what it is today: The most powerful branch of government...THAT was NOT the Founders intent at all.

Mr Pink Eyes said...

The one thing that we have going for us, and you mentioned it, is that this pick does not change the balance in the court. Otherwise this pick would be a disaster. Ruling from the bench with empathy instead of following the law? Let's hope the conservative members of the court do not retire any time soon.