thedrifter
03-05-05, 07:23 AM
Who'll Stop the Supreme Court?
March 4, 2005
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by Lee Duigon
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Unless someone stops it, the U.S. Supreme Court is going to keep on shredding the Constitution until there's nothing left of it. The federal courts and the state courts, too, will continue in their lawless course until we have no law--only judicial fiat.
Justice Anthony Kennedy, for one, doesn't even try to uphold the Constitution anymore. Why should he? Who's going to make him honor his oath? He hears a case, decides what he wants the outcome to be, and then goes fishing for some foreign law, French opinion poll, or European Court ruling to back it up.
In addition to behaving as if the U.S. Constitution had never been written, Kennedy doesn't even consider himself bound by the meanings of ordinary words in the English language. in casting the deciding vote for outlawing the execution of minors who commit atrocious murders, Kennedy said that the 47% of the states who allow capital punishment, but cut it off at 18, constitutes a "consensus."
And yes, he also cited European opinion as a basis for his American judicial ruling.
We could offer similar examples all day long. Kennedy is only one of many, many judges whose impenetrable thought processes lead them to uproot and overturn American law and tradition wherever they find it.
Our problem is that no one's stopping them.
Who's going to? The president has no authority. He can only nominate decent judges and watch a minority in the Senate keep them from getting a vote on confirmation. The American people can't do it: they have no opportunity to vote for or against federal judges.
Congress? The House of Representatives might try to do it, but the effort would only founder in the Senate. Whether the approach is to impeach judges for ignoring their oath to support and defend the Constitution, or removing certain types of cases from the jurisdiction of the courts, as prescribed in Article III, Section 2, of the Constitution, the Senate won't budge. The U.S. Senate is the Gong Show without the gong. No hope there.
The Massachusetts Constitution, written by John Adams, includes a provision allowing a simple majority in the legislature to remove a state judge for any reason it sees fit. That didn't stop the Supreme Judicial Court of Massachusetts from imposing "gay marriage" on the state. The guilty judges knew the gay lobby would always be able to buy enough legislators to protect them.
High court judges in America today enjoy complete freedom from accountability. They are answerable to no one. Corruption and cowardice in Congress insulate judges from the consequences of their actions. They simply will not stop because no one will make them stop.
This leaves us in the awkward position of living in a country that's supposed to be a constitutional republic, but in practice is an autocracy ruled by despotic judges. With the plethora of 5-4 decisions in the Supreme Court, the judge who casts the deciding vote becomes, for all practical purposes, the dictator to 295 million Americans.
How are we to preserve our republic?
We are now waiting for the Supreme Court to "decide" whether we, the American people, have the right to display the Ten Commandments publicly. The issue is not which way the court feels inclined to jump. The issue is whether it should decide such matters at all.
As Solon said, tyranny is a nice perch, but there is no safe way down.
Someone has to escort these judges down from their perch.
Lee Duigon
Ellie
March 4, 2005
--------------------------------------------------------------------------------
by Lee Duigon
--------------------------------------------------------------------------------
Unless someone stops it, the U.S. Supreme Court is going to keep on shredding the Constitution until there's nothing left of it. The federal courts and the state courts, too, will continue in their lawless course until we have no law--only judicial fiat.
Justice Anthony Kennedy, for one, doesn't even try to uphold the Constitution anymore. Why should he? Who's going to make him honor his oath? He hears a case, decides what he wants the outcome to be, and then goes fishing for some foreign law, French opinion poll, or European Court ruling to back it up.
In addition to behaving as if the U.S. Constitution had never been written, Kennedy doesn't even consider himself bound by the meanings of ordinary words in the English language. in casting the deciding vote for outlawing the execution of minors who commit atrocious murders, Kennedy said that the 47% of the states who allow capital punishment, but cut it off at 18, constitutes a "consensus."
And yes, he also cited European opinion as a basis for his American judicial ruling.
We could offer similar examples all day long. Kennedy is only one of many, many judges whose impenetrable thought processes lead them to uproot and overturn American law and tradition wherever they find it.
Our problem is that no one's stopping them.
Who's going to? The president has no authority. He can only nominate decent judges and watch a minority in the Senate keep them from getting a vote on confirmation. The American people can't do it: they have no opportunity to vote for or against federal judges.
Congress? The House of Representatives might try to do it, but the effort would only founder in the Senate. Whether the approach is to impeach judges for ignoring their oath to support and defend the Constitution, or removing certain types of cases from the jurisdiction of the courts, as prescribed in Article III, Section 2, of the Constitution, the Senate won't budge. The U.S. Senate is the Gong Show without the gong. No hope there.
The Massachusetts Constitution, written by John Adams, includes a provision allowing a simple majority in the legislature to remove a state judge for any reason it sees fit. That didn't stop the Supreme Judicial Court of Massachusetts from imposing "gay marriage" on the state. The guilty judges knew the gay lobby would always be able to buy enough legislators to protect them.
High court judges in America today enjoy complete freedom from accountability. They are answerable to no one. Corruption and cowardice in Congress insulate judges from the consequences of their actions. They simply will not stop because no one will make them stop.
This leaves us in the awkward position of living in a country that's supposed to be a constitutional republic, but in practice is an autocracy ruled by despotic judges. With the plethora of 5-4 decisions in the Supreme Court, the judge who casts the deciding vote becomes, for all practical purposes, the dictator to 295 million Americans.
How are we to preserve our republic?
We are now waiting for the Supreme Court to "decide" whether we, the American people, have the right to display the Ten Commandments publicly. The issue is not which way the court feels inclined to jump. The issue is whether it should decide such matters at all.
As Solon said, tyranny is a nice perch, but there is no safe way down.
Someone has to escort these judges down from their perch.
Lee Duigon
Ellie