Here’s a great link!
Items in bold are not my own words and require replacement. They formed the core of an article I was expanding at www.newt.org, but it grew until I decided to walk off the original text and craft my own from start to finish. It was a good jumping-off point.
Alos, HAWK, look at the sheet of paper you wrote on about the DEAD HAND OF GINSBURG.
Our government was established with three branches of government to function as an interlocking system of checks and balances. The Constitution is the primary source of instruction under which our government operates, and spells out what the three branches are to do. Further, all laws not embodied in the Constitution must be compatible with that document, or they are not laws. Therefore, the Legislative branch may not pass and the Executive may not enforce or otherwise act upon laws which are unconstitutional. Unconstitutionality may be determined by a ruling of the Judicial branch. Likewise, the Judicial may not rule counter to the Constitution, and the Constitution specifies that such a determination is to be made by Congress, with no avenue of appeal to the Judicial.
The three branches are equal, but only the Congress has the power to change the Constitution, and is therefore rightfully its natural guardian. As directed by the Constitution, Congress may form a Constitutional Convention to amend the Constitution, and Congress may block judgements of the Supreme Court to defend the Constitution.
Since the Warren Court arrogated to itself the novel privilege of “judicial supremacy,” the Supreme Court has become a permanent constitutional convention in which the whims of five appointed lawyers have rewritten the meaning of the Constitution.
This is what conservatives mean by “legislating from the bench”, a term which liberals have ridiculed to mean “doing anything”, implying that conservatives desire a do-nothing Supreme Court. Nothing could be further from the truth. Conservatives desire a Judicial branch which jealously guards the Constitution from short-sighted and politically-motivated actions of the Congress, and from expedience at the expense of lawfulness and due process on the part of the Executive. These are the very reasons we have a Supreme Court.
The court, however, has been lost for decades because it now follows itself. It no longer refers to the Constitution as its ultimate authority but admits, as criteria in rendering judgements, the desires of Justices as well as cherry-picked foreign laws and attitudes. There is a new and growing pattern among the Left-liberal establishment to view foreign opinion and international organizations as more reliable and more legitimate than American institutions. In such a confusing, directionless swirl of opinions and prejudices, a Justice has no guide other than personal preference to determine which of the myriad statements is true, or worse, aim for the middle, reaching a compromise in matters which should be one way or the other.
As a person can be only either guilty or not guilty, and a law can be only either constitutional or not constitutional, so may a judcial opinion be only in accordance with the direction of the Constitution or not in such accord. This renders clear decisions impossible, and is reflected in the increasingly murky-sounding decisions emanating, aureating, penumbrifying from the Court. Decisions on philosophical matters should sound like statements of fact, not further questions. This dereliction of duty has made the Court a natural candidate for abuse by the societal forces which insist upon change without reference to tradition or requirements.
This arrogation of power by the Court is a dramatic break from previous American history, and has made it a tool of the ideological left. Conservatives have been concerned and frustrated, by turns,
Liberals should be concerned as well. While they have been complicit in this mugging of the Constitution, because it has suited their agendas, they should carefully consider what will happen if a strong majority of avenging conservatives unwinds the damage done. And yet this possibility should alarm conservatives as much as liberals, because no matter how well-intended these actions would be, they would ultimately be ham-fisted and wrong, because the Supreme Court is the wrong instrument with which to correct the Supreme Court. It is in noone’s interest to have one branch of the Federal Government out of control, reporting only to itself, no matter who is in charge. Forty years of a democrat-controlled Congress ensured that no protest was raised from those whose primary responsibility is to defend the Constitution. What will the Republican Ascendancy yield?
There is significant precedent in American history for believing that the legislative and executive branches can force the judicial branch into changing its views when they are out of touch with the values of the vast majority of Americans.
The American people have the power to send a message to the courts. They can instruct their legislative and executive branches to retaliate against activist Left judges who consistently ignore the Constitution, invoking the “good behavior” clause of the Constitution.
