Sunday, March 06, 2005

The Danger of the Black Robes

I can preach on and on about this subject, but there are so many good columns on the web regarding it at present that I likely cannot be too enlightening. Also, there are several excellent books out right now. Men in Black by Mark Levin appears to be one of the best, although I have yet to read it.

Suffice it to say, however, I have a point (or two) to make.

The first point is that there are those in this country (and apparently Justice Kennedy is among them) that view the Constitution as a "living document". It is not. I am baffled at how anyone with any intellectual dignity tries to make another believe that. How many laws do we have in the United States? My answer is too many, but that is not the point. The legislative process has run amuck, BUT the acid test has always been the constitutionality of any law. A new law is forced to measure up against the Constitution...the standard. You cannot change that standard. It is the original idea, the foundation. I can admit that other ideas (or laws) could be fashioned from it, and perhaps there is merit to a "new interpretation" based on a new law. That, however, does not provide for changing the basic meaning of the Constitution. Truthfully, we have too many laws in my estimation. And we cannot seem to enforce any of them. A catastrophe like a school shooting always seems to lead to the need for new laws and never the enforcement of the good, basic laws we have. But when we begin reaching for the "living" interpretation of the Constitution so as to make it "hip" to today's thinking, we are on the wrong path.

Even worse, however, is the use of foreign law and precedent, in judgments by the Supreme Court of the United States. Where in the Constitution does it say that we should check out what the neighbors think (and how they act) when we decide how we should conduct ourselves? This my conservative friends (and you liberals, too) is flat out wrong and dangerous. We do not live in the European Union. The United Nations is not our government. It is way past time that ALL Americans begin to think this over. Our Constitution was smartly crafted by many scholarly men who realized that sovereignty was important and that the rule of law was essential in maintaining order. That order leads to prosperity and "the pursuit of happiness" that we are all guaranteed. That is (I'm sure) one reason that they made the process of amending the Constitution so difficult.

Now, we have the Black Robes amending it from the bench. This is a pivotal time in history my friends. Imposition of law by as few as five non-elected, non-replaceable individuals is patently dangerous to our freedoms. Let not you leftists think that they could not reinterpret your favorite views. Does McCain-Feingold (or the yet to be released McCain-Feingold II) ring any bells? It should.

We are at a point in American history where the tax burden on individuals is oppressive and getting worse. (Not just income or payroll taxes, do your homework. See how much tax is built into the purchase price of your favorite items...even food items that are supposedly not taxed.) We have a total lack of caring regarding the flood of illegal aliens into our country. Hell, many of us want to give them rights, not to mention various freebies that the American taxpayer is forced to fund. And now we have the Supreme Court basically deciding whatever the hell it wants regarding pretty much anything it decides to review. (Don't miss the "decides to review" point. Remember, the Black Robes can turn cases and challenges away, so they really are in a position to pick and choose what they want to impose on us.) Is that the country that the Founding Fathers envisioned? Is that the country that you as an American wish this nation become? Do we want a "living" document as the foundation of our laws? Do we really want foreign interpretation of anything to be of influence here? I think not.

The time is now to demand otherwise. Term-limits on the Supreme Court are essential. Now that is an amendment worth passing. Until then, demand that your legislators demand study and interpretation of our laws be used in decisions, not the political climate of near-socialist Europe. Push for impeachment of judges and tell Congress that the Senate needs to stop the filibuster charade regarding judicial nominees where a minority of sore-losers are adding further disarray to a volatile situation. If nothing else, do it for the children because their futures may really depend on it.

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