Monday, July 9, 2012

THINKING ABOUT SCOTUS.


Several recent Supreme Court decisions are causing me to give a lot of thought to the court’s power, and/or abuse of power.   
 I’m sure that our Founding Fathers did NOT intend for us to be subject to “laws” passed by people we did not elect?

Is there anything in the Constitution or Declaration of Independence that says judges have the legal authority to make the law?

Is there anything in the Constitution or Declaration of Independence that says the other two branches of government are inferior to the judicial branch?

Does either the federal or any state Constitution say the ultimate political authority rests with the people or the courts?

Does either the federal or any state Constitution enumerate the power of making law to any branch other than the legislature?

When the courts attempt to infringe on our God-given rights, what recourse do “we the people” have?
How do we know that the court will not eventually decide it wants to take away our right to self-defense?  Did you know that two recent court opinions only upheld the Second Amendment by a slim 5-4 vote)?   Are we supposed to just hand over our guns if and when they decide 5-4 the other way?

Are the legislative and executive branches automatically compelled to submit to every court opinion as if it has the force of law no matter what?  If you’re in public office, should your first allegiance be to uphold the literal wording of your state and federal Constitution, or a court opinion?  Is there ever a moral case to be made for ignoring a disobeying a court opinion, and if so what is it?

What is the “law” and what is it based on?  Is the “law” an already determined standard, or does it evolve?  If you think it’s a determined standard, what determines it?  If it evolves, what do you think evolves it?  

What is the highest law?  What if there is a conflict between the highest law and the law currently being enforced?  What resolves that conflict?

The Court's decision can be repudiated, and there is a precedent.
 I mentioned it in my previous post about ObamaCare.
http://cyberpolyticks.blogspot.com/2012/07/obamacare-or-obamacrap.html

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