Category Archives: Supreme Court

Bill Lockwood: Judicial Supremacy? 4 (1)

by Bill Lockwood

Thomas Jefferson warned us that the Supreme Court itself had the potential to distort the original intent of the Founders by using “Judicial Review.” He saw that the Court might begin creating law instead of merely interpreting the laws passed by the legislature and applying them in the cases that came before it. Late in life he wrote:

It has long, however, been my opinion, and I have never shrunk from its expression … that the germ of dissolution of our federal government is in the constitution of the federal judiciary; an irresponsible body, (for impeachment is scarcely a scare-crow) working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped from the States, and the government of all be consolidated into one. To this I am opposed; because, when all government, domestic and foreign, in little as in great things, shall be drawn to Washington as the center of all power, it will render powerless the checks provided of one government on another, and will become as venal and oppressive as the government from which we separated.

While there are certainly other factors involved in America’s decline from its original constitutional model, Jefferson’s admonition strikes at the heart of the issues involved today.

With the passing of Ruth Bader Ginsberg, and President Trump’s constitutional role in filling that vacancy, the war that is shaping up in Washington, D.C. is ominous. Showing complete disdain for our Constitution, the frenzied left is promising such outlandish measures as bringing impeachment charges against our president solely for the purpose of hindering him from doing his Constitutional duty.

Let’s look, however, behind the mayhem to see the foundational issues involved.

Constitutional Nonsense

One rude and reckless blogger posted this on Facebook. “With justice Ginsberg passing today, all my female and minority friends better vote like your life depends upon it … these … Republicans are going to have you barefoot and in the kitchen with zero rights over your genitals and put minorities ‘back in their place’ in society …!!”

It is difficult to imagine a more frantic and ignorant statement than this. But it does highlight some major erroneous thought processes that live on the socialist left. Before noting them it is worth mentioning that the comment above focuses upon the issue of abortion. That is noteworthy because it is the lefties and socialists in America who like to say, “You conservatives are a ONE ISSUE group of people—always mentioning abortion!” In point of fact, that is inaccurate—however, surrounding the war pertaining to Ginsberg’s replacement, just who is riveting attention to one single issue? The Liberal Left.

Judicial Supremacy

Judicial Supremacy is a “radical over-extension”, indeed, perversion – “of the legitimate doctrines of ‘judicial review and stare decisis (‘to stand by matters that have been settled’). In brief, the modern doctrine of “judicial supremacy” is as follows: (1) That the Supreme Court has the authority to construe the Constitution in issues that come before the Court and that that meaning of the Constitution, instead of applying only against the parties that come before the Court, applies against everyone in the country situated in similar circumstances.

(2) That an opinion of the Supreme Court can only be modified or cancelled by a later opinion of the Supreme Court or by a formal amendment to the Constitution.

(3) Nothing can be done to any justice of the Court as a consequence of any opinion handed down, no matter how fraudulent or willfully false it may be.

(4) Most importantly: Judicial Supremacy assumes that the meaning of the Constitution’s provisions are: (i) largely unknown and even unknowable, unless that provision becomes illuminated by the Supreme Court itself; (ii) politically plastic, in that the meaning of those provisions can, and even should, change from time to time as the Supreme Court deems advisable.

What Shall We Say to These Things?

Like liberal views of the Bible, so these views of the Constitution and of the role of the Supreme Court land us in nothing less than an oligarchy whereby we are ruled by a board of nine judges—not the Constitution itself. And in case of a 5-4 decision by the Court, the fate of the nation can be decided by only one single judge. Little wonder therefore, that the Political War of 2020 is heightening.

First, the Constitution had a Definite Meaning Before the Supreme Court was Formed. The Constitution and all of its provisions were well known by the people much before the Supreme Court was formed. The Constitution was ratified in 1788 and the Bill of Rights in 1791. However, the Supreme Court was not formed until 1789 and the first cases reached it in August of 1791. In other words, the Supreme Court did not even exist when the Constitution was ratified. Are we to believe that it was passed and ratified by “We the People” but that they had no idea as to its meaning until nine black-robed justices began handing down decisions?

Further, public officeholders have been “bound by Oath or Affirmation, to support the Constitution” and the president to “preserve, protect and defend the Constitution”—no person could honestly have taken this oath before the formation and decisions of the Supreme Court if “Judicial Supremacy” be true.

Second, Judicial Supremacy is Self-Contradictory. Article 3 of the Constitution covers the Judicial Branch. “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.” Section 2 describes the cases that come before the Supreme Court. Those who favor the modern doctrine of “Judicial Supremacy” point to this Section to establish it. But that presupposes that we are able to comprehend the meaning of its provisions without Supreme Court clarification.

This is the same fundamental contradiction made by the Roman Church when seeking to establish papal supremacy. Catholic defenders run to Matthew 16:16-18 in an effort to establish the doctrine in the minds of doubters. However, this maneuver assumes that one may read and understand the text without papal assistance. In point of fact, the text actually teaches no such thing as papal supremacy any more than Article 3 gives foundation for Judicial Supremacy.

Third, the Constitution is Self-Defining. One is able to read and understand the meaning of the text without assistance from an “inspired” Court of Nine. If there are challenges to interpretation, one need only read The Federalist Papers, the commentary composed by those who actually wrote the Constitution, to determine its meaning. As a matter of fact, it was upon this basis, by the notes put together in articles by John Jay, James Madison, and Alexander Hamilton, that the colonies learned and accepted the Constitution to begin with.

There is a frenzy of activity surrounding the replacement of Ruth Bader Ginsberg, but the real reason the Democrat/Socialists of America are waging war is found in the following statement from the Tenth Amendment Center. “Progressives want a living, breathing Constitution because they want to mold society into their own image. They crave power. Originalism restrains power.” Without rule of law, government becomes arbitrary and despotic. Exactly where the Socialists will take us.

 

 

 

Jesse Lee Peterson: KAVANAUGH WIN: HOW TO DEAL WITH UNREASONABLE PEOPLE 0 (0)

Rev. Jesse Lee Peterson thumps constant attacks from ‘illogical minds’

by Jesse Lee Peterson

For the past two weeks, President Trump’s latest confirmed Supreme Court Justice Brett Kavanaugh went through hell. But Donald Trump continues to win for America, as his enemies – in anger – destroy themselves while trying to hurt him.

The left showed us a glimpse of their uglier side in the process of the judge’s confirmation. The lynch-mob liberal media excitedly cast him as a high school rapist. Raised a devout Catholic, Kavanaugh said he never had sex until many years after high school. But now a decent family man will forever be called a rapist. His daughters will face this lie from the children of the lie for the rest of their lives. Hate-filled people easily believe and repeat slanderous lies about innocent men.

We watched evil, egotistical university students violate the rights of conservative classmates who peacefully protested on behalf of the judge’s innocence. One angry black woman assaulted them, stole and destroyed their property, biting and ripping up their pro-Kavanaugh signs. This leftist #MeToo supporter cursed and shouted that their demonstration “is a ‘F—you’ to survivors” of sexual assault. (See what “education” gives young people – illogical minds filled with lies and poor judgment, and evil hearts filled with arrogance and anger.)

Witnesses said that the black female attacker was a member of the student government at the University of Texas at Austin. At least one hateful male followed her lead and joined in the theft and destruction of property. These people commit the injustice they claim to hate, because they blame the outside world for the hell within themselves. They’ve gone out of control, worse even than older Democrats like Dianne Feinstein, a wicked woman whose soul is dead.

Victor Davis Hanson noted this “campus chaos” also infects Congress with grandstanders like Sen. Cory Booker, D-New Jersey. Meanwhile, weak RINOs and Democrats cooperate with and cater to this madness!

What is the root of all this cowardly pandering by males, and the blind rage of evil women? Unforgiveness.

Never mentioned in the phony expressions of support for alleged victims is their need to forgive.Even if you suffer physical harm or loss, let go of anger – anger is the mother of fear. Years after the body heals, your mind is messed up because your soul is possessed by the spirit of anger. Anyone who wrongs you may never admit it. But you’re not God – you have no right to hold anything against anyone, including yourself. Forgive, take responsibility, and stop participating in victimhood.

Dr. Christine Ford, the psychology professor who falsely accused Judge Kavanaugh, has issues. She reportedly spent her career researching (apparently unsuccessfully) how to heal from trauma, and come back stronger. She suffers not from “attempted rape,” but from hatred in her heart. Her husband said she did not “get along with her parents because of differing political views.” She hated the “very male-dominated environment.” She could be free, like President Trump, if she dropped anger and turned back to her father.

Most people’s problems start as children when their parents, especially mothers, cause them to become angry. Children suffer when disconnected from their fathers – that’s when they disconnect from God. Salvation is a return to the Father. But if you don’t love your earthly father, you’ll never know God.

I know why weak, politically correct RINO Republicans have such difficulty standing up to the unreasonableness of the left. They never overcame trauma from their angry mothers. Weak fathers failed to protect or set an example for them.

Order Rev. Jesse Lee Peterson’s book, “The Antidote: Healing America from the Poison of Hate, Blame, and Victimhood.”

Men with anger do not know how to deal with unreasonable, pushy people, particularly women. Instead of protecting their children and country from evil, they surrender to insanity. In fear, they cower and cave while the left keeps pushing. Then they justify their weakness, offering rationalizations – just phony excuses.

Sen. Jeff Flake, R-Ariz., made concessions for evil after angry activist women confronted him in an elevator. Screeching Soros-funded feminists (one possibly an illegal alien!) screamed and cried at him. Flake stood like a little boy with face downcast, as if his mother or wife yelled at him. He then delayed the judge’s confirmation, granting undue credence to false attacks on Kavanaugh’s good reputation.

But if you are not bitter about the things you go through in life, you get better. President Trump deals perfectly with the challenges he faces – nothing stops him. He stood steadfast for Kavanaugh, emboldening others to do the same.

Justice Clarence Thomas dealt with false character attacks by Anita Hill and her ilk. To this day these leftist losers won’t shut up with their slander and dishonest speculation. But Justice Thomas stands solid as the strongest voice for sanity on the Supreme Court.

If Justice Kavanaugh can love, not hate or fear his enemies, he too can grow stronger from this experience.

We are fighting for the soul of America. Never kiss up or play along with evil. Political correctness is evil. Notice that leftists shamelessly say and do whatever they want, and never apologize for it. It’s time for people on the side of good to be bold, fearless and anger-free in this spiritual battle.

WND: https://www.wnd.com/2018/10/kavanaugh-win-how-to-deal-with-unreasonable-people/

Read Jesse Lee Peterson’s Biography