Tag: Supreme Court of the United States

The Lost Constitution

Supreme Court Justice Clarence Thomas

The U.S. Constitution

Clarence Thomas is an American judge, lawyer, and government official, and for the last three decades, a highly respected Associate Justice of the Supreme Court of the United States. He is, perhaps, one of our era’s most consequential and controversial jurists.

Often described as an originalist or textualist, Thomas would be ranked neck and neck with the late Justice Scalia for being considered the most conservative justice on the court, and for being a part of the conservative wing of the Supreme Court.

Myron Magnet

I was reading a article in the September issue of Imprimis, a publication of Hillsdale College. The article was adapted from a speech given by Myron Magnet at Hillsdale College’s Constitution Day Celebration in Washington, D.C. on September 17, 2019. Magnet earned an MA from Cambridge University and a PH.D. from Columbia University where he taught for several years. He has worked as an editor for the City Journal, and written for several publications including The Commentary, The Wall Street Journal, and The New York Times. He has also authored several books, including The Founders at Home, The Building of America, 1735-1817, and, most recently, Clarence Thomas and the Lost Constitution.

A fascinating article

According to this article, during his almost three decades on the bench, Justice Thomas has been laying out a plan for reshaping Supreme Court jurisprudence. His template for this endeavor is the U.S. Constitution as the Framers wrote it 232 years ago. As Alexander Hamilton wrote in the first Federalist, the plan was to create “good government from reflection and choice,” rather than settle for a regime based, as are most in history have been, on “accident and force.”

In Clarence Thomas’s view, what the Founding Fathers achieved 232 years ago remains as modern and up-to-date as it was in 1787.

However, according to Clarence Thomas, the Supreme Court lost its way. During the 1930s and the implementation of the “New Deal,” the Supreme Court buckled under President Franklin Roosevelt’s threat to enlarge and stack the court. Roosevelt had wrongly diagnosed the cause of the Great Depressions as a “crisis of overproduction” and therefore, wanted to take control of the entire economy to regulate it. Sound vaguely familiar?

The “Court’s dramatic departure in the 1930s from a century and a half of precedent,” Thomas says, was a fatal “wrong turn” that marks the start of illegitimate judicial constitution-making.

Myron Magnet, Author, Clarence Thomas and the Lost Constitution

Starting with this fateful decision, over time the “Supreme Court” has over seen and sanctioned the development of a new administrative system. One in which the Congress has given up its legislative role, and has delegated the power to make and enforce laws to nameless, faceless, and unaccountable bureaucracies. According to Thomas, this new legislative process has no basis to exist within our constitutional structure.

You can read the entire article here if you like.

Why does it matter?

The United States is a Constitutional Democratic Republic, and a wildly successful experiment in self-government that lifted more people out of poverty than any other system in existence. Americans have shed more blood in the name of Liberty and Freedom than any other nation on the planet.

To exist, such a nation relies on a system of ethics. It does take a certain level of character to be capable of liberty.

Unfortunately, for the last several decades, some have been leading a movement toward the politics of victimization, the politics of race, or gender. The Left divides Americans into categories and then pits one category against another in order to gain and keep power. They have succeeded in dumbing-down our education system to the point that we have a generation of young people incapable of critical thinking. These kids can only regurgitate what they have been spoon-fed by the public school systems for their entire time in school.

The Left simply wants a compliant citizenry and to take total control of your life.

And I think Thomas Sowell agrees …

The U.S. Constitution

According to Sowell, one of the more painful signs of years of dumbed-down education is the number of people who are unable to make a coherent argument. Sure, they can vent their emotions, question other people’s motives, make bold assertions, and repeat slogans. They can do almost anything … except reason.

And what about Thomas Sowell’s thoughts on the divide and conquer politics of today’s left?

If you believe in equal rights, then what do “women’s right,” “gay rights;” etc. mean? Either they are redundant or they are violations of the principle of equal rights for all.

Thomas Sowell, Random Thoughts column, 2013

Give up your freedom, give up our Country!

Socialism, communism, fascism … all different names for the same authoritarian form of government, and the antithesis of everything America was founded on.

Socialism, in fact, has a clear history of failure so blatantly obvious, that only a truly dishonest liberal intellectual could successfully ignore it. But for today’s new radical left, the facts don’t matter and the U.S. Constitution is a thing to be disregarded and destroyed … except in the rare occurrence (sort of) following it just happens to suit their agenda.

Character, honor, critical thinking, ethics, integrity, and America’s great history: all the things needed to help ensure the continued success of this constitutional democratic republic are ridiculed, discarded, or removed.

In a government system based on equal opportunity and individual rights, the truth is much relies on the individual. In this land of equal opportunity for all, each citizen must forge their own fate, like all the other Americans that came before them. Where there’s a will, there’s a way.

If you fall down seven times, get up eight

Not everyone can or will succeed every time they try. But you have the right to try again. Yes, we as a country provide certain safety nets, but they are a hand up … not a hand out. And, they need to be viewed as such. If you come to rely on the government for your existence, the government owns you, body and soul.

Regardless of race, color, creed, religion, sex, or gender, everybody faces adversity at one time or another. Each individual must choose whether or not to buckle down and overcome that obstacle, and in this way, shape their own destiny.

Unfortunately, it is simply easier to blame life’s adversities on some powerful evil entity that forces us into a state of victim-hood … powerful entities that only a mighty and benevolent government master can protect you from.

The Constitution, as created for us by our Founding Fathers is a brilliant document designed to ensure individual freedom for all American citizens,. But, it presupposes citizens of the first kind, not the second. Without them, and a culture that nurtures them, no free nation can long endure.

SCOTUS: ObamaCare Decision is Not a Victory for Obama!

Official 2005 photo of Chief Justice John G. R...
Official 2005 photo of Chief Justice John G. Roberts (Photo credit: Wikipedia)

The reaction to this decision is amazing.  It has really stirred up the American people and that may be a really good thing!

Progressive-liberals are cheering this “landmark” affirmation of their health care reform. Pelosi even threw a party!  This strikes me as really funny because, neither she (by her own words), nor Obama (by his own words), knew what was in this bill before it was passed (and … probably still don’t).  Obama (if we can believe it) didn’t even know it was actually a tax.  Remember when Obama told us that if we “thought it was a tax … then obviously we didn’t know the law”.  So … how did all this confusion (or lying) come about?  Could it simply be because they actually did not write this law and they have never actually read it?  Does anyone know who wrote this bill?  I don’t know who wrote this bill and I actually even tried to find out.

Max Baucus (D-Mont.), lead sponsor and supposed author of the Senate bill, admitted recently that he never even actually read it (never mind wrote it).  There are stories about Robert Creamer (husband of far leftist Congress woman Jan Schakowsk) writing it while serving time in jail for 16 counts of bank fraud; and there are stories about it passing through the hands of Andy Stern, the infamous corrupt union boss of SEI. No wonder Pelosi snuck it through Congress … she really did have to pass it to find out what was in it!

One wonders why, if it is such a “great” bill, it does not apply to members of Congress? Or … why 729 companies representing 2.1 million employees, the AARP (who fought so hard to get it passed), and labor unions (hmmm … isn’t the SEIU a labor union) are requesting and  receiving exemptions from ObamaCare?  Maybe this helps explain Obama’s $1, 000,000,000 political war chest.

But, anyway back to my thoughts:

Many conservatives have been trashing Justice Roberts for his role in this decision.  I am a conservative and I think they are wrong in doing that.  And, actually, I think progressive-liberals are celebrating a bit too soon.  All this trashing and celebration occurred as “knee-jerk” reaction before anyone had actually read and understood the Court’s decision.  Let’s look at what  has actually done.

Conservatives are pro-constitutionally based government … so lets look at the constitutional aspects of this decision:

If we consider the ideas of “checks and balances” and “co-equal branches of government,” we have to ask … do we really want the Supreme Court signing or vetoing our laws?  435 members of the House, 100 Members of the Senate, and the President passed this law.  It is not the Supreme Court’s job to veto laws that Americans decide they do not like!  It is the Court’s job to decide the constitutionality of a law … which they did.  And,  if the “penalty” for not purchasing healthcare is a tax used to help pay the massive debt this bill will incur, then it is constitutional … because Congress has the power to tax.

The solution to this problem is that we, as Americans, have to be careful who we choose to represent us.  It seems we all love to hate Congress …. but we love our own individual Congressman or Congresswoman.  After all. we keep re-electing them!  I still remember the Congressional Bank Rubber Check Scandal!  The names of members of Congress who were writing massive bad checks on the Bank of Congress were even published in newspapers.  Guess what?  In the next election about 95% of them got re-elected.  I was appalled!  So, people, we reap what we sow.  You want better laws?  Elect better representatives!  Elect statesman … not greedy, corrupt politicians concerned with a political career, transforming the country, and/or “getting theirs!”  Don’t expect the Supreme Court to do the job you won’t do because you are too lazy!

Either Obama did lie … or he is not as smart as people think.  Either he denied it was a tax because he did not read the bill and did not know it was a tax, … or he knew it was a tax … but also knew Pelosi’s Senate needed to sneak it through  Congress behind closed doors using sneaky “rules of reconciliation.”  And, he did not want Americans to think he was raising taxes right after his campaign pledge not to.

So exactly what did Justice Robert’s do?

This case held a real danger for the Supreme Court from its beginning.  This danger was the likelihood that the SCOTUS would be drawn into a serious  confrontation over “policy” with the executive branch in the middle of an election year; and … “policy” does not (and should not) fall under the Supreme Court’s jurisdiction. The Justice Robert’s opinion can be seen as maneuver to avoid just such a pitched battle, while simultaneously blocking  the Obama Administration’s  attempted power grab.

It is important to remember that Roberts sided with the conservative members of the Supreme Court on most aspects of this decision.  Pointing to the Commerce Clause … Obama’s administration,  argued that Congress can regulate any behavior (or even non-behavior) that has even a minor effect on commerce.  Justice Roberts rejects that contention  lock, stock and barrel.  In fact, this is the first time in the Supreme Court’s modern history, that the Court made a clear and decisive decision that actually limits what the federal government may do with its commerce authority!  This Supreme Court decision means that Congress may regulate only real economic activity, and may do so only if the activity has a substantial effect  on interstate commerce.  Congress may not regulate a person’s choice to not enter into that stream of commerce.  If progressive-liberals actually understood this … they would be screaming rape at very this moment!!

By setting the Commerce Clause aspect of this decision as he does, and by stating unequivocally that the individual mandate cannot survive on commerce grounds,  Justice Roberts makes the Commerce Clause holding necessary to the decisions’ s final  judgment (which, by the way, Obama and his cronies see as a victory).  However, in reality this means that future commerce-clause-based Congressional actions will be controlled and limited by this decision (on which Justice Roberts and the four dissenting justices agree).

Another key part of Justice Roberts’ opinion is his conclusion that the individual mandate is actually a tax and not a penalty.  While this decision does then make the mandate constitutional (because of Congress’s accepted power to tax) and allows the mandate to stand,  it also effectively makes the mandate an isolated decision based on already accepted congressional power, and denies the Obama administration a new source of regulatory power.

By declaring the mandate a tax rather than a penalty, this decision has another effect.  It makes repealing ObamaCare a bit easier.  Now that the mandate has been revealed as the  taxation it really is, it can be repealed through the use of the very same “reconciliation process” Pelosi, Reid, and company used to sneak it through in the first place.  This means that a new, more conservative Senate would need only a bare majority vote  for its repeal, and not 60 votes.  Add to this the fact that,  we know (because they have told so us repeatedly) that many members of  Congress would never have voted for ObamaCare if they had known it was a tax.  Now we can hold their collective feet to the fire in a “repeal” vote!

I think it is important to point out that at the beginning of his opinion, the Justice Roberts clearly states that the Court does not render an opinion as to whether ObamaCare contains sound policies.  He re-visits this very same thought at the end of the opinion, stating that the Court does is not expressing an opinion on “the wisdom of the Affordable Care  Act,” adding that, under the U.S. Constitution, that final judgment is actually reserved for “the people.”  It sounds to me like Justice Roberts is asking the “people” to render a verdict on the inept leaders who wrote this horrible law in the first place!  I strongly believe We the People should do exactly as he suggests.

As a nation, we absolutely cannot afford this unaffordable Affordable Care Act!  Our government is broke!  I don’t care if you are liberal, conservative, Democrat, or Republican! We have $16 Trillion in debt and a $1.6 Trillion deficit.  Who is going to pay for it?  Obama, we have just found out, has passed the largest tax increase on the middle class in the history of modern man disguised as a health care reform bill.  The taxes and cost hidden in the bill are only now coming to light.

This bill is not about health care …  it is about socialists seizing power!  If it was written by Robert Creamer and the SEIU, this would make perfect sense.  The poor are already dependent on liberal entitlement programs … so they have no choice but to tote the socialist party line.  If the middle class can be forced into dependency on the government for their healthcare (by say … single payer system), then progressive, liberals, socialists (or whatever you want to call them) gain power and control over a huge block of Americans and will effective control their votes.  It would be hard for these middle class Americans to “bite the hand that now feeds them.”

This next election is so important.  It is time for conservatives, Republicans, and real Americans to come together!  Romney was not my first choice but he is who we have.  While not perfect  … he is so much better than Obama there is no comparison.  If we can elect him and at the same time gain a few more conservative seats in the House and Senate, we can restore common sense to our government and turn this ship around before it is too late and we are forced into another American Revolution by an out-of-touch, socialist regime lead by Emperor Obama.

One last note.

I recently signed up for a Twitter account.  After the SCOTUS decision, Sarah Palin commented via a Tweet on the lies we all know Obama has told to get ObamaCare and his socialist agenda passed.  We all know the lies … they are there and plentiful, …  lies like: I will reduce debt by half, I will run a transparent administration, didn’t know Jermiah Wright was a radical, any health care deal will be seen on C-Span, I will not raise taxes,  no earmarks in stimulus package, Obamacare will pay for itself, my father fought in World War II, I will lead in a bi-partisan manner, No boots on the ground in Libya, ObamaCare will not raise the deficit, I had an uncle who helped liberate Auschwitz, ObamaCare fee is not a tax, etc.  It has gotten so bad even many honest liberals are commentating it.

Sarah Palin simply stated what we all know (but some won’t admit), and she did it without a single foul word  The liberal responses I saw on Twitter to Palin’s Tweet would shame the most foul-mouthed, coarsest-speaking scumbag the world has ever known.  They attacked her, her daughter, and her special needs son in ways that should not, and in a more civil time …  in the America I love, would not have been expressed.  If these “liberal” expressions of free speech reflect the kind of world they want to create, and the path these people have in mind for America … I reject it totally.  I would fight another revolution to keep my grandchildren, great-grandchildren, and great, great grandchildren from having to live in a society such as that!