About Me

In writing the "About Me" portion of this blog I thought about the purpose of the blog - namely, preventing the growth of Socialism & stopping the Death Of Democracy in the American Republic & returning her to the "liberty to abundance" stage of our history. One word descriptions of people's philosophies or purposes are quite often inadequate. I feel that I am "liberal" meaning that I am broad minded, independent, generous, hospitable, & magnanimous. Under these terms "liberal" is a perfectly good word that has been corrupted over the years to mean the person is a left-winger or as Mark Levin more accurately wrote in his book "Liberty & Tyranny" a "statist" - someone looking for government or state control of society. I am certainly not that & have dedicated the blog to fighting this. I believe that I find what I am when I consider whether or not I am a "conservative" & specifically when I ask what is it that I am trying to conserve? It is the libertarian principles that America was founded upon & originally followed. That is the Return To Excellence that this blog is named for & is all about.

Friday, March 30, 2012

Lincoln's Summation

For the many people who sent me messages this week like "I read the blog on the Supreme Court and I can't understand how 9 non-elected, appointed judges have managed to gain so much power that their word is law. I don't believe that our Founding Fathers had intended to put so much power in their hands. Is there any way that the Legislative Branch can overrule them the same as they can overrule the President if they choose to?" 
 
Of course there is  a way - the Constitution makes it very clear that the Legislative Branch – the one closest to the citizenry has the final say – not nine unelected judges.  What we saw this week in the Supreme Court hearings on ObamaCare, & will soon find out to what extent it affects all of us, is the result of apathy of the people never intended by our Founders.  When the citizenry lost interest the politicians including Supreme Court Justices took control over whatever turf they could & we work within such a system today.
 
I sum up this week's historic happenings by quoting from President Lincoln's first inaugural address the very theme I made all week long – "If the policy of the government, upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the people will have ceased, to be their own rulers, having to that extent, practically resigned their government, into the hands of that eminent tribunal."

4 comments:

  1. Although I had Civics in school ( many years ago) and learned all about the structure of the 3 branches of Government, I never really understood the true role of the Supreme Court. Do you think that perhaps just calling it Supreme gave the impression it was supreme? I've noticed That semantics plays a big role in how things are perceived and this administration is notorious for using it to good advantage. You are so right --serious discussion is needed and people need to know the truth.

    RTE - Tricky isn’t it? – the way words are used. The whole purpose of the blog is to educate people including me when the great comments come in like you do so often. The last several postings are a real education on the Supreme Court – being only supreme of the Judicial Branch.

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  2. The Night WatchmanMarch 31, 2012 at 10:31 PM

    Excellent Comments Doug... I believe that it would take a 2/3's majority vote to overturn a Supreme Court ruling... Which seems proper and in line with how the Founder's thought. If you find otherwise please correct me but this is what I seem to recall.
    Regards,
    The Night Watchman

    RTE - Thanks for all of your comments in this SC series of postings. Based on the comments people have liked them & found them informative.

    With re to your question – source Men In Black by Mark Levin - from the framers perspective the chief method of controlling judges was impeachment. See Article ll, Section 4. Article lll gives Congress the power to create lower courts under the Supreme Court as well as the power to limit the jurisdiction of all of these courts including the Supreme Court – e.g., In 1996 Congress passed the Illegal Immigration Reform & Immigrant Responsibility Act that gave exclusive authority to the INS to determine whether an immigrant would be granted asylum, without the right to appeal to the courts. Appointing originalists is another control but this does not always work – think Souter & Stevens off the top of my head. Your idea of a two thirds majority override would require a constitutional amendment so it is a possibility going forward especially after this week. One other thing that has been done is for the President to make recess appointments to the SC – this has been done twelve times in our history – although it is a short term solution it can be effective in that it can highlight problems to the voters.

    The sad truth that I highlighted all week is that the SC made a power grab a long time ago & the other branches have let them get away with it so that we reached the point we are in today. But our glorious Constitution does give us remedies if the two elected branches had the nerve to act.

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  3. I have to hand it to you - you certainly do a lot of research. Keep up the good work

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  4. Doug, it looks like you chose the best Lincoln quote possible to address the Supreme Court judgment on Obamacare....I have thought about Abe many times these last few years, wondering what he would have to say about our country's current situation.

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