Sunday, May 23, 2010

The Supreme Court - Another Threat to Our Constitutional Republic

This is a repost of an article written by the nephew of my grandfather, Bob Guida who is running for U.S. Congress (NH-2nd District).

“All legislative Powers herein granted shall be vested in a Congress of the United States…”

U.S. Constitution, Article I, Section 1

“The judicial power of the United States, shall be vested in one supreme Court…”

U.S. Constitution, Article III, Section 1

“…Mentioning Kagan's late mother, Obama said: "I think she would relish, as do I, the prospect of three women taking their seat on the nation's highest court for the first time in history — a court that would be more inclusive, more representative, more reflective of us as a people than ever before."” By BEN FELLER, Associated Press Writer – Tue May 11, 1:51 am ET

With this remark, the President once again showed his disregard, if not his disdain for the Constitution he is sworn “to support and defend”. While the sound bite about “more inclusive, more representative, more reflective” has strong appeal at first glance, we must not forget that it is not the role of the Supreme Court to be “inclusive, representative or reflective”. That is the Constitutional function of the House and Senate. The role of the Supreme Court in this instance is to measure the actions of the legislative and executive branches of government against the original intent of the Constitution, and thereby to perpetuate the freedoms guaranteed therein. The Supreme Court was intended to judge, not to legislate. And it was certainly not intended to institute social reforms or establish government policies.

Let’s talk about a few of the terrible decisions made by the lifetime-tenured members of the nation’s highest court.

In its infamous Dred – Scott decision in the 1800s, the Supreme Court established that slaves were not citizens, but were in fact property. Ultimately, our bloodiest war (the Civil War) was fought with this as one of its underlying causes.

In the ludicrous Brown vs. the Board of Education in the 1950s, the Court ruled that “separate but equal” facilities were Constitutional, reaffirming in law the practice of discrimination against black Americans.

And in the tortured 1973 proclamation of Roe vs. Wade, the Supreme Court ruled that a woman can legitimately end the life of an unborn child, thereby denying y that child any rights whatsoever – including the most fundamental of all rights, the right to life.

In each of these cases, unelected judges legislated social policies that plunged our nation into moral turmoil for decades. Wars – both military and political – were required to right the wrongs they imposed from the bench. The moral torture of our nation and the political and emotional wars that resulted from Roe vs. Wade continue to this day.

Liberal judges who impose their worldview by legislating from the bench imperil both our system of government and our freedom. And a President and Congress which do not vigorously enforce the Constitutional separation of powers are complicit in undermining the crucial timeless principles enshrined in our Constitution and replacing them with the politically expedient social order of the day.

The link of the article is:

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