The SUPREME Supreme Court

And so we come to the Supreme Court.

That is… the Supreme Court of the United States. How the deuce did they ever get the right to interpret the Constitution, anyway? The Constitution didn’t give it to them. The Congress didn’t give it to them. Then, where did they get the right?

They took it upon themselves. They simply decided that someone had to do it and since no specification was made in the Constitution, and the Congress had not legally appointed any one, or any organization, they decided they’d do it. And they have. I would argue they have done a fairly lousy job, of late, and I would further argue, we need some restrictions on the "Supremes" to rein them in. Hard.

First, The Court is supposed to be a “deliberative” body. Not a legislative body. Let me repeat that for emphasis. The Supreme Court is not…at least it is not supposed to be…a legislative body. That is another power they assumed.

Look, making laws from the bench has become acceptable practice… but it is wrong. In fact, it is unconstitutional. The Constitution gives that right only to the Congress. Legislating from the bench must be brought to a screeching halt. The Congress has the power to limit the Supreme Court to deliberations. They should do it, and do it quickly. We are in danger of losing our freedoms to a room full of old men and old women in black robes. They are poised to become the rulers of this nation.

The President can make a huge start on this by appointing Antonin Scalia to be Chief Justice upon the retirement of Chief Justice Rehnquist.

We desperately need a court, which holds to the Constitution as written. I make no apologies for not buying into the theory that the Constitution is a “living, breathing” document. It is not. It is a set of legal boundaries set down by or founders, by which this nation is to rule itself. It limits the power of the government over the people. Those who interpret if differently are just flat wrong.

Here of late you would not know the Federal Government has limits. But it does. The problem today, is, the Court finds clauses hidden in the text, or “meanings”, which have been hidden since the founding of the country. These findings seem, always, to justify rulings they make…rulings, which suit them. Oftimes, we will find no such clause, or any text, in the Constitution to support the “meaning” they have found. The Court’s ruling on Roe v Wade jumps instantly to mind.

This, then, is legislating from the bench. It is unconstitutional. Yet it is done and it is accepted because the Supreme Court has handed down the “ruling”.

Why must the justices be granted lifetime appointments? Why? There is hardly a more political bunch, in Washington, than the Supreme Court. Why not have them stand for election? Limit their service to a maximum of 12 or 15 years. Make retirement mandatory. Sure it would take legislation, possibly even an amendment to the Constitution. But that’s what Congress is for.

Let’s take back our Constitution. It is in dire peril.

Your Obedient Servant,

“Longstreet”