WASHINGTON: More than one of the senators screening Judge Kavanaugh in the Judiciary Committee hearings referred to a seat on the Supreme Court as one of the most powerful positions in the country. Other’s describe a Supreme Court seat as one of “the most powerful in the world.”
This attitude toward power is how those in Washington view the government: as authorities of power.
The intended role of the Judicial Branch
The Constitution that the Supreme Court is guided by, gives the justices the power to check, if necessary, the actions of the President and Congress. The Supremes determine if a President’s actions are in line with the Constitution.
The Supreme Court is the final judge in all cases involving laws of Congress, and the highest law of all — the Constitution.
The Judicial Branch of Government, however, is limited by the other two branches of government. Therefore they are third in line, behind the Executive and Legislative.
Supposedly, this makes the conduct of so many of our senators acceptable. The Senate controls the Supreme Court, and power over legislation isn’t something to give up without a fight.
The reality of the Judicial Branch checks and balances
The reality is that there are no checks and balances in our Government. It is a myth.
Before the American Civil War the states created a federal republic with a federal government that had limited powers. Each branch of this government had powers incorporated ONLY insofar as the laws that could be passed under the U.S. Constitution. However, the Constitution does not mention of any such “checks and balances” if for no other reason than they weren’t necessary. For one, the states could have at any time dissolved the federated union (what is now called a nation) or seceded (just as the individual colonies did from the British Empire in 1776).
The check on any of the three branches of the federal government was by the states. They could nullify anything that was passed by Congress that was unconstitutional, or they could secede. State Secession, dissolution or nullification is the check on the Federal Government. Not the other way around.
From where does political power originate?
Probably from the same place the offensive and corrupt conduct of our Senators does.
It oozes from the Washington swamp, to whom the states are no more than a collection of taxpayers that owe an allegiance to a national anthem.
When it comes to political elections and appointments, instead of a desire to be in a position of service, it is the desire to be in a position of power.
President, Senator or Supreme Court Justice, the U.S. Government is beholden to the interpretation of a 229-year-old document. However, only the Supreme Court has an ultimate say in the interpretation of that document. Moreover, only a Supreme Court Justice takes his or her seat for life.
The Concept of Governance by power
When framing the United States government, the founders original intent was a federal system. In the union of these United States, members of the Senate became the states. The representatives acted on behalf of the betterment of the States they represented.
It was a duty, and an honor, to serve on the Senate.
The states created a federal government they envisioned as having limited power over the individual states. That federal government moved from Philadelphia to Washington, DC in 1800. The new District of Columbia, was purposely not formed as a state.
Losing the Republic
Once past the bloodletting of the Civil War, the decision became that the states were no more than protectorates put together by the federal government itself. In other words, the national monster of the U.S. Government was born. Moreover, the Republic as envisioned by the Founders died.
“Well, Doctor, what have we got—a Republic or a Monarchy?”
“A Republic, if you can keep it.” ~ Ben Franklin
The current battle over the Supreme Court is a view that the United States is a single unit, led by a President, governed by Congress and the Constitution as interpreted by the Supreme Court. That the Supreme Court is part of the mythical “checks and balances” that keeps us secure by holding us safe from a totalitarian government is idiotic on its face.
That the Supreme Court will make sure those in power, including the president, will not go astray is a laughable notion.
Any law that the government wants, the government gets if all three branches agree. The Affordable Care Act is a typical example of a bill that does not benefit the people, but the politics.
The U.S. Federal Government’s descent into madness
To suggest that a court of nine people can interpret laws so that every member of a consolidated single government ruling 320 million people is in peace and harmony is well into madness.
This law enforcement reaction or authority comes from the Supreme Court that is mainly (after the 11th amendment) an appellate docket, albeit the final one.
Now, under a national government, it is the highest court in “the land.”
This court of so-called justices instructs what laws will be followed in what ways while the other branches have no check, offering no balance.
Roe v. Wade
For example, Roe v. Wade. With this decision, the original concept of life, liberty and the pursuit of happiness becomes colored by a magically discovered right to privacy. Abortion, of course, is one of the anti-Kavanaugh groups biggest fear.
The Supreme Court made the decision that the act of abortion was allowed. That Kavanaugh, given a chance, would be the swing vote to overturn Roe v. Wade.
So, all the senators, in all their wisdom, in conjunction with their sordid, squalid hearings are themselves quite powerful. The idea of which would be silly if politicians were not such a horrendous lot