There They (SCOTUS) Go Again!


Today marks another bleak day in America in terms of the decisions coming out of the Supreme Court of the United States (SCOTUS)! Now My assertion in this blog  has little to do with the out-come of the court’s completely partisan ruling, but it has more to do with the SCOTUS operating outside of the Constitutionally granted powers given to the SCOTUS. The power in question is the made up term “Judicial Review”!

I would be doing you all an injustice if were to leave the impression that I agree with the decision of SCOTUS today because I DO NOT  AGREE WITH THIS DECISION!! I assert without the slightest ambiguity that the case before the court today should not have been heard at any judicial level. The case of Burewell v. Hobby Lobby Stores, Inc. does not warrant a case in court seeing that is attempting to conflate the religious views of the David Green family with the business practices of a for-profit corporation (Hobby Lobby).

The twist of logic of this conflation will be covered in another blog later. But just to be clear, corporations are a separate and distinct legal entity from its owners and a corporation’s primary legal purpose is to separate the owners from the institution making them exempt from financial and legal liabilities. In other words a corporation can make a product that kills you and you are only allowed to get financial restitution from said corporation, but owners are free of all liabilities even if they knew it would kill you. And thus, how do you anyone justify the idea that a corporation has the religious views of the owner, but the owner does not inherit anything from the corporations? It is a one-sided highway that leads to nowhere!

I digress, back to the topic of judicial review! Judicial Review was first coined back in 1803 in the case of Marbury v. Madison. In the case of Marbury v. Madison the SCOTUS declared, for the first time in American history, that the SCOTUS has the  ability to limit Congressional power by declaring legislation unconstitutional. This is a power that is not declared by the Constitution, was never utilized until this case, and in my opinion was pulled out of the backside of the Chief Justice John Marshall court.

Article 3 section 2 declares what rights that are given to the Supreme Court. No where in the Constitution is the SCOTUS given the right to review the Constitutionality of a  law passed by Congress and signed by the President….. NO WHERE! It is time that we restrict this over zealous approach to judicial ruling where we actually and quite literally have Kings/Queens in robes (SCOTUS).

As I look at the powers that the SCOTUS has today, I realize that the members of the SCOTUS are kings over this country. Not only is the SCOTUS striking down laws of representatives that WE THE PEOPLE elected, but they are also creating law out of whole cloth. I am for a return to the Constitutional powers granted by the Constitution and the return to three equal branches of government. Whether or not you realize it we actually have a Supreme branch of government and its ugly name is the Supreme Court Of The United States.

I would  finally point out that the members of the SCOTUS are appointed by the President and Congress and not by WE THE PEOPLE and they have a life-time appointment. These Kings and Queens of the court are using a power (judicial review) in which they asserted from out of thin air, see Marbury v. Madison ruling, as a way of being the ultimate politicians in robes of which the American people have no ability to remove or control their appointments.

Congress has to assert their powers granted in the Constitution to curtail the abuse of powers that the SCOTUS is exhibiting ever since 1802. I consider this a call to action by all Americans who believe in small “d” democracy to let your voice be heard to the remaining politicians that we have an influence on.

Tell you local representative, Congressman, or Senator that you want the SCOTUS to only use their Constitutionally given rights and not their self-given right of “Judicial Review”!!! As the horrible President Reagan once said “There you go again!

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