Elections shape the courts

The good thing for the American people is that the U.S. Constitution can be read and understood by just about anyone who takes the time to look at it. The bad thing for politicians is that the U.S. Constitution can be read and understood by just about anyone who takes the time to look at it. That explains why our Liberal public schools ignore the document. They want the document to remain a mystery. If nobody knows what’s in the document, then blabbermouths with Harvard law degrees can tell us that the Constitution clearly provides for the federal right to get an abortion and demands every reference to God be removed from the public square. The first is not even remotely referred to in the Constitution and latter is turned on its head - 180 out of phase.

Article III. Section I.: The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Article III is clear and easy to read. The federal courts, save the Supreme Court, are created out of whole cloth by the Congress. Judges are not infallible gods – check out Dred Scott and scores of other bad decisions. Judges do not have the “last word” on anything – they can be overturned by other judges and/or the ELECTED representatives of the people. The idea is that the judiciary will be held in check by ELECTED officials.

Elected officials have asked a federal court, which Congress created, to take “a new” look at the case of Terri Schiavo. The federal courts have given a veneer of 5th and 14th Amendment legitimacy to Terri’s death, but they have treated the wishes of the ELECTED body of congress with utter contempt.

Blabbermouths all over the TV are saying, “Well, the courts have spoken. We have to respect the rule of law.” Well the court does not have the last word in America. The preamble of the Constitution does not open with, “The Courts of the United States, in Order to form a more perfect Union …” We the people have the last word. That word is voiced through elections. Reps should make the judiciary the key issue in the mid-term elections. Dems filibuster constructionist judges who can look at the Constitution and say, “Well, no there is nothing in there that says states have to recognize gay marriage.” Or “Well, the constitution is pretty clear about the right to keep and bear arms.” Or “Hmm, I’ll be danged, the words ‘separation of church and state are not in there.’”

Also, that which the legislative and executive branches create, the legislative and executive branches can wipe out. That would be the true “nuclear option”. Congress and the President could simply say, “OK, 9th circus, you’re completely out of touch with the people, the Constitution and the legislative and excecutive branches, we ordain that you cease to exist and revoke your authority.” This is not without prcedence. In 1802 President Jefferson and a newly elected Congress wiped out 18 court judgeships - and the Supreme Court upheld the action.

Reps should work hard for a mandate to get the courts back in line. If successful in the '06 elections, they should begin to drop the ax on run away judges.