Sunday, April 16, 2017

How to Stop Leftists' 'Living Constitution' Lie

By Bruce Walker

In opposing Judge Gorsuch to the Supreme Court, Senator Dianne Feinstein pontificated: "I firmly believe the American Constitution is a living document intended to evolve as our nation evolves." Well, Senator Feinstein, conservatives agree with you. We think the Constitution ought to be changed when circumstances create a compelling reason for that change. Conservatives, however, believe that the process for changing the Constitution is the process clearly described in Article V..........Leftists insist that federal judges, especially the Supreme Court, can legally do exactly the same as Article V amendments if these judges can "read into" the Constitution things that simply are not there........

Conservatives ought to completely change the dynamics of an "evolving Constitution," and there are several ways to do that. Conservatives could pack the Supreme Court by adding enough seats to allow a clear conservative majority. A single statute could add six or eight or ten justices, and the nuclear option could get them on the Supreme Court in days. When leftists yelp, conservatives should simply note that they are following the advice of Senator Feinstein and "evolving" the Constitution in ways they think best...........

Conservatives could also simply abolish lower federal courts like the Ninth Circuit and then reconstitute those bodies with a different name and composition one day later, with completely new judges and the old ones having no judicial office............

Conservatives could proclaim that all interpretations of the Constitution by the Supreme Court could be overruled by a single joint resolution of Congress. Indeed, that is what Thomas Jefferson believed...........

My Take - Packing the court with a bunch more justices is not a wise course in my opinion.  In fact, I find this is a really dangerous course, one FDR attempted and failed.  And make no mistake about it....voters are fickle, uninformed, misinformed and easily swayed by the latest philosphical flavor of the day....especailly when that's all they hear on the news. Remember...most voters don't read much, including blogs like Paradigms and Demographics that add clarity to any subject.  The make up  of the Congress will change, especially since it's clear there's no reason to stop calling the Republican Party the Dumb Party.  They seem to be working on having a monoploy on it, since it's clear they think and act like they're really the Democrat party lite.   

Leaders are supposed to lead, so when it becomes clear to the public you have no idea what direction you're wanting to go - they'll stop following.   

I do like the idea of abolishing lower courts. The only federal court listed in the Constitution is the Supreme Court. All other courts are created by the Congress, and the Congress can get rid of them, which they've done in the past. Those justices sued saying they had life time postions, but they lost because you can only have a life time postion if there is a postion. There no longer was. 

The Congress can create courts, get rid of courts and re-create them at their will. They are not required to explain their actions to any court by the Constitution. The  Constitution says the jurisdiction of the federal judiciary resides with the Congress.  They can - and have in the past - ordered the Supreme Court not to adjuticate a case, and they've passed bills forbidding the courts to review laws they've passed.   

This idea the Supreme Court decides what the Constitution says is baloney. The Congress just failed to act, but they can - and I think at some point will - act against this idea of an all powerful federal judiciary.  So now, what happens if the Supreme Court decides they don't like that?  Does that really create a Constitutional Crisis?  Well, that's treason and they should be arrested, tried, found guilty, and sent to prison. 

Furthermore, it's time age and term restrictions were placed on the Federal Judiciay, along with Congress.   

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