Why Conservatives Should Make SCOTUS Pick An Elections Issue

Yes, the Supreme Court needs to be made an election issue. The reason is not that the winner gets to make the appointment to the open seat. Justice Scalia’s death has already caused it to be one election issue. The real reason it should be an issue has to do with the Court legislating from the bench. The power of Congress to make laws has been usurped by the Supreme Court. How did that start?  Who is responsible for allowing it to continue? How do we get back to a constitutional court? Read it all here:



As Written By Bruce Walker at American Thinker:

Make the Supreme Court an Election Issue: 

Conservatives ought to use Obama’s selection of a Supreme Court nominee to replace Justice Scalia as an opportunity to challenge the role federal courts generally and the Supreme Court specifically have assumed as the super-legislative body that can overrule all other parts of federal and state government in our republic.

This is not want the Constitution intended at all.  The Supreme Court seized this power on its own.

This is not a “conservative” versus “liberal” issue.  Hendrik van Loon, hardly a conservative, in his 1927 book America, wrote: “I ought to have mentioned the name of Thomas Marshal of Virginia, who as Chief Justice of the United States had elevated that court to the dignity of a semi-divine institution, ready and often eager to make scraps of paper as such Congressional legislation as seemed to be in contradiction to the sacred stipulations of the Constitution.”

The Supreme Court simply invents what it wants the Constitution to mean and then declares its whims to be the meaning of the Constitution.  The Constitution was written, of course, so that it was easy to understand – that was the idea.  Members of Congress, who pass federal laws, take the same oath to respect the Constitution as do Supreme Court justices.

In those cases where the Constitution is unclear and needs to be changed, there is a clear process for doing that, which requires a super-majority of state legislatures to ratify any proposed amendments.  The practical effect of rogue and limitless federal judicial activism is that the amendment process, which was once recognized as the only process for changing the Constitution, has effectively died.  Instead we “amend” the Constitution in a much less rigorous and much less reliable way: through the whims of a handful of Supreme Court justices.


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