Most conservatives place an incredible importance on the Supreme Court, and rightly so, at least to a degree. It is very important in today’s political climate and is important constitutionally, but it was never designed to become what it has become. It is not the “be all that ends all” politically, for it should be apolitical rather than judicial activism. Sadly, that is where the U.S. Supreme Court has evolved and that can be laid at the feet of politicians first and WE THE PEOPLE second.
The Framers and our Founding Fathers never intended for the Court to legislate from the bench and those jurists were supposed to be men and women who moved beyond personal ideology, and political leanings to legal minds who reviewed any law strictly from the grid of constitutionality. If the Court actually did that, the SCOTUS would not be a major campaign issue but it does not and it is a major issue. It is so important that if we allow the Left to regain control of Congress they will be hell-bent on packing the court with as many liberal activists as possible. I am staunchly and avidly an ‘Originalist’ and believe that the American Constitution must be preserved in the spirit and letter of “original intent” and never be treated as a chameleon changing with the times and whims of any group of people or politicians. That means I will be disappointed ideologically from time to time because there will be laws that fit within the framework and constructs of the Constitution that I do not like. In those cases, future, as I have in the past, I will accept that determination and work to change the law rather than call for the SCOTUS to become judicial activists.
I am convinced that most Americans come up short in a basic understanding of the fundamental workings and origin of the Supreme Court. One of the reasons for that is that is the only time most citizens are aware of the Court is during highly publicized issues that make their way before that illustrious body. The prime objective and agenda of the Supreme Court are to “Preserve the Constitution” through the process of judicial review. Because the rulings of the SCOTUS impact American lives, often directly, it has a major impact on WE THE PEOPLE and for that reason, we care.
The Supreme Court, as any governmental arm, is always in danger of overreach and excess. The Framers and Founders were highly influenced by men such as John Locke in the pursuit of a constitutional government. The Constitution of the United States delegates power to the Court in order for them to effectively preserve the Constitution. That caused Charles Evans Hughes to say, “We are under a Constitution, but the Constitution is what the Court says it is.” That is right and that is wrong! The Constitution is whatever the Constitutions says it is but the political maneuvering and posturing over the past many decades has produced an unelected arm of government with legislative power. NO, they are not granted that power by the Constitution but have been ceded that power by the Legislative and Judicial Branches and that position has been largely accepted by the public.
Our Declaration of Independence clearly asserts that “all men are created equal.” That does not mean that all have equal talents or commitment and it does not guarantee that all must be equal in success. It does not allow for the redistribution of wealth, taking from those who produce and giving to those who do not. It states that all men are “equal” and that in the sense that we all have certain inalienable rights given by our Creator including the right to “life, liberty, and the pursuit of happiness.” Our Constitution also affirms that the government only exists at the consent of the people and if the people determine that the government is not satisfactory we have the “right to abolish it and start over.” That is not the job of the Court it is the decision of those ‘consenting to be governed.’ There is a clear process by which that is to transpire and that is not through judicial activism or executive edict but through the “Amendment Process” or through a “Constitutional Convention” and any changes must be ratified by the individual states.
John Locke and the many philosophers that our Framers and Founders used to help them determine our system of government all contended for “Private Property” and “Individual Rights.” The task of the Supreme Court is not to determine what is best for America or Americans but what is Constitutional. We live under a Constitution, and the Courts are authorized to interpret the meaning of that document, but the Will of the People must always remain sovereign. Alexander Hamilton, in Federalist 78, stated that “the interpretation of the laws is the proper province of the courts. A constitution is in fact, and must be regarded as fundamental law.” The Constitution enumerates the Court’s judicial powers in Article III, Section 2. Justice Marshall wrote that “the Constitution is either a superior paramount law…or it is on a level with ordinary legislative acts…alterable when the legislature shall please to alter it.” It is the duty of the SCOTUS to interpret the laws and should Congress be allowed to create legislation that violated the Constitution, then the Court would have no meaning and WE THE PEOPLE would become subjects of a Congressional Oligarchy in direct violation of the spirit and intent of the Constitution.
That is a limited treatise on the role of the Supreme Court and not intended to be exhaustive. If we continue the course we have been on for the past 50 years in allowing judicial activism we will effectively destroy our American Constitution and System of Government. We will become a State in which “the consent of the governed” will become a moot point and the door will be open to the rise of tyrannical despotism of an individual tyrant or a congressional or judicial oligarchy. THAT CANNOT BE ALLOWED!
These are a few reasons that I adamantly oppose the Toxic Liberalism of the Democratic Party. No, I am not accusing everyone who votes Democrat of being Anti-American but I am accusing the National Democratic Party of having adopted that position. The move toward Socialism is alarming and the willingness to destroy our national sovereignty unacceptable. I will VOTE NO on the Leftist in November and VOTE YES to keep them out of Power so that we can continue our pursuit and hope of seeing America return to being a Limited and Constitutional Government. May the Republic live long!
God bless you and God bless America is my prayer and desire!