Saturday, March 5, 2005

The Court Must Be Reined In!

I’m revisiting the topic of the US Supreme Court.

The Court is out of control. You may counter by saying they were meant to be out of control. I will agree... to the extent that they remain within their constitutional bounds. They are no longer doing that and haven’t done that for a very long time. Therefore we call upon the Congress to rein them in.

How can Congress do that? Some suggestions: term limits on the Justices of the Court. No lifetime appointments to the Court. Candidates for the Court should have to stand for election by the national electorate. Congress should immediately introduce, and pass, legislation curtailing the Court’s power to legislate from the bench and limit them to deciding cases based on whether the constitution covers the grounds of the case… or not. If it does not, then the lower courts will have jurisdiction.

Congress should introduce and pass legislation, including a constitutional amendment if necessary, to give Congress the power to over turn decisions, made by the Supreme Court, by a super majority vote of both houses. Congress should instruct the court, through law if necessary, that their decisions must be based on US law, and the US Constitution, with no consideration of other codes of law, or interpretations of law from any other source, period.

The Court has brought the wrath of the people down on its head because they have assumed powers they do not legally have, such as interpreting the Constitution. It is a power they assumed. The Congress should pass legislation, and a constitutional amendment if necessary, to ensure the Court cannot interpret the Constitution, but make decisions based upon it… as written. In other words, a strict “Constructionist” approach to the Constitution by the Court.

The Court has, by abusing their power, created an oligarchy in the US. (The rule of the few over the many.) This must be brought to an end.

This problem with the Court has reached “critical mass”. But don’t expect changes anytime soon. The Congress will not act until there is a hue, and cry, from the electorate, and so far, the electorate is not making much noise…except for those of us on the right of the political spectrum. Wait until they hand down a ruling, which goes against the Left’s core principles, like… overturning Roe v Wade! Then you will hear “weeping, and wailing, and gnashing of teeth”! Then… maybe… maybe… we can get a coalition of the electorate together long enough to change some things about the Supreme Court. That will be a tenuous coalition to say the least. Frankly, I’m not sure even that will work.

The Court has assumed “god like” powers unto itself. That, alone, is enough to frighten a free man, or woman, half to death. This court must be reined in!

Your Obedient Servant,

“Longstreet”

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