Posted on 07/14/2015 10:09:51 AM PDT by conservativejoy
Ted Cruz is right…and wrong
Judson Phillips July 5, 2015 at 9:14am in Tea Party Nation
Ted Cruz may be that once in a generation candidate who, if elected President, can change the world.
Part of the greatness of Cruz and his candidacy is his brilliance and his willingness to take on topics none of the other candidates will touch. Only Cruz and Donald Trump are going after the Republican Establishment on illegal immigration.
Ted Cruz recently came out with another idea in response to something the government did. He has the basic of the idea right but the actual idea is wrong.
What is it that Ted Cruz is so right about yet still wrong?
After the Supreme Court announced the Obergefell v. Hodges decision, where the Supreme Court ordered all states to allow homosexual marriage, Ted Cruz shot back. Cruz proposed a Constitutional amendment that would require Supreme Court justices to sit for periodic retention elections.
When the Constitution was written in 1787, the judiciary was considered the weakest branch of the government so federal judges were given lifetime tenure. In 1803, in the case of Marbury v. Madison, the Supreme Court made an incredible power grab. It gave itself the right to declare legislation unconstitutional.
At first, this power was used sparingly. But in the last 50 years, an increasingly activist federal judiciary has used this power over and over again to legislate from the bench.
The federal system of government has checks and balances against the abuse of power, except in the case of the judiciary. There is no check against their power.
Cruz suggests retention votes for these justices.
Retention votes are a joke. Tennessee, where I live and practice law, has retention elections for appellate judges. In 26 years, only one has been voted out.
The time has come to amend the Constitution to have all federal judges stand for popular election. We need a check on the outrageous usurpation of power by the federal judiciary.
If judges had to run every four years, how willing would they be to sign any injunction an ACLU lawyer throws in front of them? How willing would they be to silence the voices of millions who vote for natural marriage? How willing would these judges and justices be to give these crazy rulings? How willing would John Roberts be to go to the mat to save Obamacare if he had to face the people?
The answer is of course, they would not.
Ted Cruz has identified the problem. We have an unaccountable federal judiciary. But the answer is not faux elections and that is all retention elections are. The answer is real elections.
If these judges are so proud of their rulings, let them face the people with them.
We need this constitutional amendment before America truly becomes the dictatorship of the judiciary.
Neither of which stand a chance against power. By the way 350,000 American Citizen families thank you for your concern.
Exactly. Talk about nit-picky!
“The time has come to amend the Constitution to have all federal judges stand for popular election.”
Geez, that’s an even worse idea. The last thing we need to do is democratize the judiciary. Just look what happened when we democratized the Senate.
A better solution is maybe to make the Senate reconfirm the justices every 10 years or so. I’d rather pit one branch against another, rather than hand more power to the idiot masses.
Agreed, and anyone who works in these fields knows firsthand what has been going on. The people denying it are clueless, demanding documentation for things that are hidden from the government for obvious legal reasons.
Actually, he mentioned it once in passing, and you seized on it to bash him and then steered the discussion away from the main topic.
In 1803, in the case of Marbury v. Madison, the Supreme Court made an incredible power grab. It gave itself the right to declare legislation unconstitutional.
So, overturn it by legislation.
Please provide adequate proof that Corporate America is abusing the H1-B process and taking American Jobs and replacing them with foreigners.
It does this country no good to make American compete with third world labor. Globalism was a mistake in a million ways and has evolved to be even worse. This is no loyalty to America by our dear leaders. That, too, has evolved into sickening darkness for Americans, open borders and total invasion of third world peasants who vote for socialism, (the loss of national sovereignty and the US constitution).
I propose that SCOTUS nominees be confirmed automatically provided that they are on a “short list” publicly stipulated at least two weeks in advance of the popular vote for the election of the the president who nominates them.
That is definitely happening in a number of cases, but in other cases good people are doing their best to send candidates that would make a positive difference.
The problem is that many times those good people are flat out being lied to.
You elect someone because they say the right things, then they get on the job and do an about face.
This is why we cannot reverse course quickly enough via elections.
When you take those being elected via lies, and other worthless people being re-elected over and over...like Graham and Boner and McCain... just can’t get it done.
Two recent cases is enough evidence to know the visas are being abused. I have seen other articles in the past about it, too.
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