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Monday, September 21, 2020

Why should my liberty depend on Ginsburg's replacement?

 

Issues & Insights published an editorial, "Support Trump’s Court Nominee As If Your Freedom Depends On It — Because It Does." I do not disagree with the headline. I just wish it weren't so.

You see, if my freedom depends on the life of one single person, I really am not free. I am merely being allowed so much rein by that one person. The string of 5-4 Supreme Court decisions in my lifetime provide a proof that our freedom is in too precarious a position.

The editorial's point is that Republicans must fight tooth and nail for whomever President Donald John Trump appoints to fill the vacancy on the Supreme Court. Again, I cannot disagree.

The editorial said, "New York Rep. Alexandria Ocasio-Cortez, meanwhile, warned us all that Ginsburg’s death should radicalize Democrats, as if that hadn’t already happened.

"Elsewhere, Democrat-linked groups such as Democracy for All 2021 and the Transition Integrity Project warn of mass demonstrations and riots if Democrats don’t win.

"In essence, if Republicans don’t give in to their political tantrum, Democrats are threatening retaliation if and when they win a Senate majority. Oh, and more riots, soon to come to a neighborhood near you."

On top of that, they threaten to pack the court when they take over Congress and the presidency, they promise to add two states and four senators who will always provide 4 Democrat senators, and to impeach President Trump again to block a Senate confirmation vote.

No stone will be left unturned or unthrown by the Marxists.

The editorial ended, "Democrats are correct when they say much is at stake in this election. Americans will be devastated to find out just how true that is if Biden wins the White House, Schumer becomes Senate majority leader, and Pelosi holds on as House speaker. The AOC wing of the party ascends further up the power ladder, and America gets treated to years of socialist indoctrination.

"Having a Supreme Court that will protect us from this insanity is essential. Trump needs solid public support, even from Never-Trumpers. Since World War II, our country’s future has never been more in danger."

I fear that, and I resent that. Glenn Reynolds does too. He wrote, "Ruth Bader Ginsburg has died, and the country — or at least its political class — is descending into what will no doubt be a multi-week screaming fit. In fact, the screaming has already begun. "But that fact tells us something about the state of our nation, and it’s not anything good. When your political system can be thrown into hysteria by something as predictable as the death of an octogenarian with advanced cancer, there’s something wrong with your political system. And when your judicial system can be redirected by such an event, there’s something wrong with your judicial system, too."

Our nation is broken. Peter J. Hasson, author of The Manipulators: Facebook, Google, Twitter, and Big Tech's War on Conservatives, tweeted the problem for Democrats in a nutshell. Democrats have become so outrageously Marxist that they cannot risk legislating their ideas. Instead, the Supreme Court does their dirty work. Every justice fantasizes about voting for the next Brown v. Topeka Board of Education. Thus, legislating justices have bypassed state legislatures in legalizing abortion and gay marriage.

But a court that gave us Brown v. Topeka, which ended separate but equal, also gave us Plessey v. Ferguson, which had enshrined separate but equal in the apartheid South. The arc of history bends to the court eventually dusting off Plessey v. Ferguson to give minorities more rights than others.

Judicial restraint ended 55 years when Griswold v. Connecticut ended that state's ban on condoms. In his dissent, Justice Potter Stewart said it was “an uncommonly silly law,” which it was, but Stewart said nothing in the First Amendment invalidated it, which was also true.

Even uncommonly silly laws are to be respected by the court because they protect the serious laws from attack. 8 years later, the court invalidated the abortion laws of 46 states under the bizarre argument that traveling from Texas to California to get a legal abortion is too inconvenient for the mother. The baby's inconvenience never was considered.

Rewriting the nation's laws is the job of Congress and 50 state legislatures, and thousands of smaller jurisdictions. The court has better things to do than monitor who goes into what bathroom at school, and yet the justices seem eager to do just that to appease a new class of victims: transgenders.

Justices can virtue signal again. But there is no virtue in taking the law in your own hands, which is what they have done time and time again.

However, where is Congress? Where is, say, that amendment that says burning the flag is not protected by the First Amendment. Flag burning is civil disobedience and according to Henry David Thoreau, civil disobedience requires one to go to jail for his cause.

Or better yet, instead of hoping to have enough justices to reconsider Roe v. Wade someday, why not a put forward a constitutional amendment that simply states that states have the right to regulate or ban abortion?

Don't blame the Court solely for this mess, blame Congress too. The Constitution's checks and balances never seem to apply to the Supreme Court. Only once in 237 years has it been overturned, and then it was only to enact an income tax. That is a lot of power to give 9 people. 

Which is why Ginsburg's death scares the panties off liberals.

16 comments:

  1. Most of America is only now waking up to the fact that we share a house with Lyle and Erik Menendez.

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  2. Marxism is just a symptom of man's naturally despotic heart. Until the Messiah returns, it'll just take another form in the future. There is one hope, the same that was laid in the foundation of the United States - the moral code of the Gospel of Jesus Christ. Where can the openly practicing homosexual exist in safety? Wherever the Gospel has gone. Where do the oppressed escape to? The same place. Last week I met a woman from Zimbabwe (here legally). I asked her if things would have been different if Joshua Nkomo had won the power struggle against Mugabe - the answer was probably yes, but we agreed that the only hope for Zimbabwe was the Gospel. She of course knows the Lord.
    Did we think the greatest prize in the world, America, would not need to be guarded and fought for? What did we think the fight would look like? Gird and pray.

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  3. Well said, Mr. Surber. The Supreme Court has grown in power to the point where it threatens the continuity of the Republic. We need judges on the Court who understand the danger that judicial overreach poses - judges who have the courage to return decisions on basic legislative issues back to Congress where it belongs.

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  4. Transition Integrity Project warn of mass demonstrations and riots if Democrats don’t win.

    Let 'em. To quote somebody, this will be Trump's last election. If he wants to carpet bomb certain Democrat paradises, he'll have the flexibility.

    Our nation is broken.

    Disagree. What's broken is the American Left. It's no longer rational.

    Democrats have become so outrageously Marxist that they cannot risk legislating their ideas. Instead, the Supreme Court does their dirty work

    The Demos have become used to getting their way for 89 years and are throwing the tantrum a spoiled child used to getting his way does. Since way too many Rs insisted on being good little ladies and gentlemen over the years, the spanking that's long overdue is being administered by a tough guy from Queens.

    Only once in 237 years has it been overturned, and then it was only to enact an income tax.

    I think you're forgetting Andrew Jackson saying, "Mr Marshall has made his decision. Now let him enforce it".

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    Replies
    1. Right fooking on, Ed. Right fooking on.

      And yes, rooms are currently available at the Trans Allegheny Lunatic Asylum! That Shrieking Karen is a prime candidate.

      Delete
    2. I pray Cocaine Mitch has the numbers to get this done ASAP.

      #MakeRobertsIrrelevant

      Bob in MA

      Delete
  5. The Left IS irretrievably insane, and that's why we need to separate. We cannot function as a country with the looming threat of Leftist totalitarianism in every vote, every election, every politician.

    We MUST separate from them. Or utterly destroy them. We cannot live with them.

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  6. Don...one of your best. The shrieking abortion enthusiast is a superb reminder that personal ideology is deadly. And yet the left depends on it.

    Give me 50 states and an honest election.

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  7. I am endowed by my creator with certain inalienable rights.
    My government exists to protect those rights.
    When that ceases to be the case I will work to rid myself of that government.
    As sworn, one domestic enemy at a time.
    I hope enough of us feel that way to secure our liberty.

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  8. A very achievable solution to the SCOTUS problem is to legislate that all SCOTUS decisions must be unanimous in order to overturn congressional legislation. Just as nowhere in the Comstitution does it stipulate 9 justices likewise the Constitution never states that 5 justices has veto power over Congress. If unanimous decisions are required then only truly unconstitutional laws will be overturned and the tortured interpretations of the Constitution currently applied will no longer be useful. As a bonus, this eliminates court packing as a threat.

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    Replies
    1. That's an excellent idea!

      However, it requires a Congress that is honest(!) and that wants to restore their own powers, that the Judicial branch has taken from them. They never have done anything about that, have they?

      Since most of the Congress critters are curs, and don't want to take any responsibility for their own decisions, it's unlikely to ever happen. Also, it would be fiercely opposed by those in SCOTUS who like being legislators as well as judges, since many of their fiats wouldn't ever have been passed into law by Congress.

      But it certainly is a most excellent suggestion!

      Delete
  9. The nation isn't necessarily broken, it's people are.

    We have been brainwashed by TV and Movies. Our children have propaganda poured into their ears for 12 years and if they go to university another 4.

    Eventually all that mush and lies takes a toll.

    It's why the left has gone insane. They know they're nuts but they have no where else to turn as their leaders are making the crazy on purpose. The purpose being to destroy the only nation of free people on the planet. (well maybe Israel and they're doing it to them too.)

    We really have to admit that we are in a war and that this war is one of mind and emotion and that we're losing in a lot of places. We still retain ground in many others but it's a close run thing and it shouldn't be.

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    Replies
    1. That's exactly what scares me the most. TV is a scourge! Even those that claim to be sceptical about the "news" they see on TV are taking in some of the poison being measured out.

      Over a decade ago I cut the TV cable, and I'm ever so glad that I did; yet most people I talk to still believe in many things that I know to be untrue.

      This mask insanity is a good example: actual science shows that masks do not filter out viruses, and are far more likely to make the people wearing them sick than prevent them from catching a disease; yet the brainwashing has been entirely successful.

      Even in Texas I see hundreds of people, all wearing masks like dutiful sheep, and scared to death that if they weren't wearing them they'd die horribly. They also insist that YOU wear one, but I don't; mostly I just get "looks," but I have means to persuade them to leave me alone if they get too antifa-like about the issue.

      It's the combination of Fake News TV, coupled with Marxism taught in our schools, plus the dreck we get served as entertainment from Hollyweird that has brought us to this place, along with denial of God and destruction of the family.

      I pray for a better outcome, but I see a lot of strife and misery ahead. May God help us all!

      Delete
  10. https://mobile.twitter.com/spurglyd/status/1307500431375908864?prefetchtimestamp=1600794796014

    Could it get any better?

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  11. This, also from the editorial, aptly describes the lower courts where the judicial decay is rooted…
    "An invitation to unbridled judicial activism by judges, and the treatment of the Constitution as an outmoded capitalist-class anachronism — rather than as a bulwark for democracy against tyranny and legal confusion. It’s the advent of trial by whim, not by law."

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  12. The outbreak of modern left-wing extremism, really the first viable totalitarian movement to appear on this continent, is downstream from Republican supported mass immigration. The Silent Majority is on its death bed. America isn't an exceptional country, it follows the same historical rules and consequences as others. Rome invited the Germanic tribes to settle in their territory and was soon destroyed by that folly. You can't replace a population with a new population and remain the same country, it's just common sense.

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