A Justice of the United States Supreme Court is retiring.\u00a0 A chance to re-shape the court.\u00a0 A chance to change history.\u00a0 Wait a minute.\u00a0 Don’t the above statements suggest the United States Constitution is flexible, open to interpretation, no need to amend it?\u00a0<\/p>\n
Dare I suggest the primary role of the United States Supreme Court is to preserve and protect the integrity of the United States Constitution as written and intended by the Founding Fathers?\u00a0 And isn’t Congress the only branch of government given the authority to propose amendments to the Constitution, as prescribed in Article V?\u00a0<\/p>\n
President Obama, who has taught constitutional law, made several statements about the next Justice.\u00a0 He said we need a Justice with “empathy,” a Justice who understands how “our laws affect the daily realities of people’s lives,” a Justice who “protects people who don’t have a voice.”\u00a0<\/p>\n
Are any of these within the purview of the Supreme Court?\u00a0 Or, is he describing the role of Congress rather than the Supreme Court?\u00a0 Isn’t Congress charged to look out for “we the people,” enacting laws and proposing amendments to the Constitution?\u00a0<\/p>\n
And, isn’t it “we the people” who have the final say if a change to the Constitution is acceptable, Article V requiring not only the approval by 2\/3 of each House of Congress BUT also approval by the voters in 3\/4 of the states?\u00a0 This is onerous, and with good reason.\u00a0<\/p>\n
The Constitution should not be casually changed or modified by Congress, let alone by Justices of the Supreme Court, appointed for life, not even elected by “we the people.”\u00a0<\/p>\n
Wouldn’t it be unconstitutional if the Supreme Court viewed cases in the way proposed by the President?\u00a0 To the contrary, shouldn’t their rulings be consistently traditional, cautious, conservative and going out of their way to always rule on the side of resisting even the slightest shift in the Constitution?\u00a0 Isn’t their job to hold Congress to the strictest letter of the Constitution, only budging from that position when presented with a constitutionally approved amendment?\u00a0<\/p>\n
Even Justice Ruth Ginsburg does not understand the role of the Supreme Court, opining that we need another female Justice.\u00a0 Is that proper or should she be advocating for the Justice best suited to preserve and protect the Constitution — nothing more?\u00a0 Moreover, if anything beyond excellence is to be a criteria, isn’t it the role of Congress to propose an amendment to the Constitution presented to “we the people” for approval?\u00a0<\/p>\n
From the birth of our country, Congress has systematically tried to usurp more power than granted it in the Constitution.\u00a0 For generations, the Supreme Court kept check on Congress, keeping it within the confines of the Constitution.\u00a0 It was President Roosevelt who intimidated and coerced the Court to abandon the Constitution.\u00a0 Early into Roosevelt’s New Deal, the Court regularly ruled his programs unconstitutional.\u00a0 In retaliation, President Roosevelt tried to “stack” the court in his favor, proposing an added Justice be appointed for every Justice over the age of 70 years 6 months.\u00a0<\/p>\n
Even though his “court-packing plan” failed in Congress, the Supreme Court cowered to his threats and started “interpreting” the Constitution rather than “protecting” it.\u00a0 The Justices lost their vision and abandoned their duty to the Constitution, several rulings radically expanding the powers of the federal government beyond anything the Founding Fathers granted or intended.\u00a0 The Justices failed their oath.\u00a0 They abolished the writings and visions of the Founding Fathers, reducing the Constitution to nothing more than a series of suggestions.\u00a0<\/p>\n
This country does not belong to the President, Congress or the Supreme Court.\u00a0 It belongs to “we the people.”\u00a0 And, “we the people” still have the power; that power, our vote.\u00a0 We can, and must, bring our government back to the Constitution, however difficult it may be.\u00a0 Do we want to return to the Europe we left in 1776 or maintain the democracy our Founding Fathers gifted us?\u00a0 Do we want to be a kept citizen ruled by the government or a free citizen ruling the government?\u00a0 Our choice.\u00a0<\/p>\n
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