Manifold Dangers Of A Liberal Supreme Court
By Christopher G. Adamo
July 3, 2008
As far back as Sun Tzu, military strategists have well understood the concept that victory in war does not require the destruction of one's enemy, but merely convincing that enemy that destruction is inevitable if the fight continues. Similarly, in a dictatorship, absolute control is neither necessary nor, in most cases, even possible. All that is needed for the dictator to endure is the presumption among the underlings that the leader does indeed hold a monopoly of power.
It is a point that Americans ought to seriously ponder, as the future of their nation appears to increasingly rise and fall on the basis of a single vote in the United States Supreme Court.
This past June, the ever more prominent annual ritual played out in which the Court handed down its latest batch of "decisions," which increasingly appear less as judicial considerations and more as edicts. More disturbing is that a growing number of Americans seem to be accepting the latest whims of the court as some sort of celestial standard, determining with absolute finality what America can or cannot be, and what Americans can or cannot do.
This was never intended to be the role of the courts. Rather, the founders clearly sought to prevent such unaccountable governing practices by consigning the ultimate power of legislating to the Congress which, among the three branches of government, would in turn be most accountable to the people.
The Constitution was to be the embodiment and demarcation of the pact among the States, whereby they would cooperatively form a Federal Government to arbitrate between them and collectively represent them among foreign powers. In its most extreme exercise of power, the court was intended merely to ensure that all parties under the jurisdiction of the agreement (the States) would abide by its original terms, thus maintaining its integrity.
Changes were allowed, but only under a stringent set of rules, known as the amendment process. And once those changes were instituted, the only proper duty of the Court was to enforce them. In this manner, citizens could rely on the protections afforded them under the Constitution, and its execution in all matters of governing, to be conducted in a just manner that they themselves had enjoined.
In complete contrast to modern thinking, even a cursory reading of the Constitution reveals that its design does not empower government but, at every turn, restricts and regulates the means by which those in power can exercise their dominion over the people. Even the first five words of the First Amendment (which was placed at the top of the list for a reason), lend incontrovertible proof to this case: "Congress shall make No law..." Clearly, the restrictions of the First Amendment are imposed on the Congress. And any First Amendment matter before the Court should be adjudicated solely on that basis.
In contrast, the three most notable cases of the latest Supreme Court session give a clear indication of just how far beyond its original boundaries the Court has reached, and just how dire is the burgeoning threat it represents to America. That governing officials and pundits are essentially ignoring the Court's overreaching behavior, and are instead focusing on the minutia of the individual decisions, suggests that the problem in American thinking must be corrected outside the Court before any real fix can be implemented within.
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