By Bruce Karlson, staff writer
Republicans, Libertarians, Tea Partiers, et al. are celebrating our big Election Day victory. America was teetering on the brink of destruction and needed the infusion of decency and smaller less intrusive government we got. Our new majority will begin the painstaking process of reconstructing our democracy but we can expect it to be hindered every step of the way by Democrat appointed judges. It does not have to be that way.
The judicial area of government has grown apace in size, arrogance, and intrusiveness, particularly in the Federal Appellate courts. For far too long we have laid supine as life tenured tyrants in Federal Courts, including the Supreme Court, supported their whims or the prejudices of those that appointed them, through diktats.
Virtually all of the 60’s era “civil rights” (read: racial profiling “laws”) emanated, not from legislatures but from court decisions. Further, one would be remiss to not mention the 1973 stunner of the Supremes that states no longer had the authority over regulation of abortion. Recently a Federal judge in California decided that Californians did not have the right to determine the qualifications for a marriage license. The list of judicial aggression, along with indifference to their oaths, the law, and Constitutional restraint is endless.
These disgraces, (both judges and rulings) are NOT without remedy. All it takes is a perusal of that antiquated document created by dead white males: the Constitution. To wit: Article lll, paragraph #3 states that “…the Supreme Court shall have appellate jurisdiction both as to law and to fact, with such exceptions, and under such Regulation as the Congress shall make.”
Presidents Jackson, Lincoln (most egregiously), Wilson, et al. routinely disdained the rulings of the Court as it suited their political agenda, with impunity. FDR had a round heeled Court that declined to hear the case of Japanese Americans deprived of their property liberty and placed in concentration camps during his war.
In any event, there is hope that the new crop of citizen legislators going to DC, may avail themselves of this congressional option. Congress can simply order the Court to decline review on any number of cases. It could also begin to put in place “regulations” that define which category of case the court may hear. It might also be construed that Congress could demand a review of a case or cases.
War mongers and other “liberals” (never let a crisis go to waste) have long have labored to expand governmental authority and swatted the court aside when convenient. For instance, the Obamites were rewarded by the court when it conveniently and arbitrarily turned bankruptcy law on its head as part of a UAW payoff.
Why not start inquiring of “our” new House members what they think about this issue? This nation will never return to its Constitutional roots if Congress continues to “vote present” on this issue.
If not now, when?
These are the links for the information used in this essay:
This day in history November 26
2000: Katherine Harris, Florida’s Secretary of State certified George W. Bush the winner in Florida’s presidential balloting.
Remember we have work to do. Join your local TEA party and Republican County Committees to make sure real conservatives get our nominations.
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