Foolishness since 2007

Foolishness since 2007
Foolishness since 2007

Saturday, October 20, 2018

The Court and the Constitution

My election predictions have always been wrong. In recent times, I never thought either Obama or Trump could be elected. So when I suggest the Blue Wave will not happen next month, you would be right to bet against me. If the Dem's do take the House this is their plan.

Undermine Justice Kavanaugh’s authority on the Court, argue that his presence undermines the legitimacy of the Supreme Court. Would be rude and disruptive, but another exercise in hot air.

Drive Justice Kavanaugh off the Court through impeachment. Impossible as the Constitution states that the Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour...Behavior in HS, real or imagined could NOT be brought into play.

Expanding the size of the Court - Possible, it's been done before. They would need control of both houses and the Presidency. More hot air.

What The Fight Is About
Under the Constitution, judges have the power to say what the law is, not what it should be The states that ratified the constitution authorized courts to exercise neither force nor will but merely judgment.

When the rules which govern the interpretation of laws are abandoned and the theoretical opinions of individuals are allowed to control the Constitution’s meaning we no longer have a constitution, we are under the government of individual men who for the time being have power to declare what the Constitution is according to their own views of what it ought to mean. 

In plain language, finding rights that were not found by other justices since 1790, such as same-sex marriages and a right to abortion are not the province of the courts. Both are desirable to some, but there is no right to them in the Constitution. In those cases the state control.

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