WASHINGTON: In a recent 5 to 4 ruling, SCOTUS decided that half of the State of Oklahoma is part of an Indian Reservation. This follows other rulings where this vacillating court has come to conclusions where no one expected the judges to go.
In a schizophrenic flurry of decisions, this court has baffled every court watcher ever since the machinations of Democrats turned Brett Kavanaugh’s appointment hearing into a three-ring circus. In rapid secession this Court has ruled, beside the Oklahoma ruling, that business cannot fire a gay or transsexual. And that President Trump does not have to provide his taxes to congress, but must give them to local law enforcement?
They continued ruling that religious organizations do not have to obey Obamacare mandates of providing free contraception and that Obama’s DACA executive order was legal, while Trump’s order to rescind it was not. That state electors to the electoral college can be punished if they change their votes from the desires of the people.
The liberal wing of the court never wavered on their hard leftist, anti-constitutional stand; however, the conservative side caved repeatedly. Trump appointees, Gorsuch and Kavanaugh, both turned against Constitutional norms, as did Bush appointee, Chief Justice Roberts. All three-sided with left-wing justices on cases dealing with LGBTQ+ issues and this latest ruling against the State of Oklahoma. And there have been many others.
Which harkens the question as to why so much power is vested in the Supreme Court?
In truth, SCOTUS is a co-equal branch of our unique form of government. According to the Constitution, SCOTUS has no more power than the president or the legislature. But, in reality, Congress has ceded much of its power to SCOTUS, thereby tipping the scale of governmental oversight to the courts.
And the federal courts have jumped all over their newly created powers over the other two branches.
This is evident in the rush of court findings, mostly against Trump, that has mandated restrictions of executive power.
Is it a little clearer yet? Congress has given the courts more power. And they are ruling against the President when it gives them more power.
The powers of District Federal Judges
District federal judges have stopped this President from travel bans to trade with nations, to international diplomacy, mandating well beyond their jurisdictional areas of control.
This came about because both Democrat and Republican congress members, cowards that they are, have opted to allow the courts to determine the laws of this land. It started with writing knowingly unconstitutional laws, like Obamacare, then kicking it to the courts to legalize it, or not.
In many cases, the courts created new laws along the way.
As they did in Roe Versus Wade, the case legalizing abortion.
In that case, SCOTUS ‘discovered’ a new, unwritten right. They called it a right to privacy. Which under the fourth amendment includes the right to avoid unwanted and potentially intrusive interference in an individual’s personal affairs by the government.
Now, nowhere in the Constitution will you see a specific right to privacy, and especially in the 14th amendment, Section 1, which the court sited when giving their opinion.
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Congress could have overturned that ruling by passing legislation written expressly targeting abortion. Yet they chose not to do so for political reasons. This set in motion a growing largesse in the Halls of Congress allowing the courts ever-growing power. And to shield themselves from having to state a viewpoint that voters may not like.
Rather than stand on principle, congress ceded their co-equal power to the courts.
Today Democrats try to regain some of their statuses by prying it away from the executive branch. But President Trump fights them tooth and nail. Simultaneously, the courts grow their power over both of the other branches.
Thus lording over both with findings that often baffle logic, reason, the words, and intent of our Constitution.
Fighting SCOTUS is not an easy proposition because judges are not elected, and serve for life. In fact, the only remedy to the overreach of the courts is by appointing more judges. Called ‘stacking the courts,’ it has been threatened only by Democrats. And then to ensure there were justices in line with their progressive policies. A Biden presidency would mean a 12 justice court.
After Franklin Roosevelt passed socialistic programs, like the Workers Progress Administration, Civilian Conservation Corps, and Social Security Administration, he threatened SCOTUS with stacking the courts if they found those programs unconstitutional.
SCOTUS caved and allowed those programs, thereby opening the door to all the social programs, including the Obama phones, that we have today.
More recently, after Justice Kavanaugh’s appointment, angry Democrats began threatening (again) to stack the courts once they regain control of the Senate, and of course the Presidency. It is not an idle threat either. Especially if Justice Ginsburg leaves office and President Trump is able to replace her with a constitutional originalist.
The only other remedy to an overreaching court is through the impeachment of judges who violate their oaths of office. And that would take coordination between both congress and the president. This is a highly unlikely scenario given our present contentious times.
In order to maintain a stable SCOTUS, we have to be very careful who we elect to office. Because our elected politicians are who appoint, for life, those who determine our ultimate fate, both as individuals and as a nation.
This coming election will determine who controls not only the presidency but the courts as well. Make sure to chose wisely, or your house might become the next Indian reservation.
About the author:
Joseph Ragonese is a veteran of the United States Air Force, a retired police officer, has a degree in Criminal Justice, a businessman, journalist, editor, publisher, and fiction author.
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