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Bernie Sanders' Proposal For The Supreme Court Is An Unconstitutional Recipe For Disaster
Townhall.com ^ | July 5, 2019 | Paul Curry

Posted on 07/05/2019 1:48:44 AM PDT by Kaslin

The Supreme Court of the United States, the highest court in the land, is the final safeguard of our Constitutional liberties. Established under Article III of the U.S. Constitution, the Court has served for nearly 230 years as the final arbiter of our most pressing internal national conflicts.

From decisions we now deplore such as the Dred Scott Decision and Plessy v. Ferguson to more recent controversial decisions such as Roe v. Wade or Texas v. Johnson, agreeing or disagreeing with the result, Americans have accepted the Constitutional role and authority of the high court.

When the hotly contested Presidential election of 2000 saw advocates for both George W. Bush and Al Gore hysterically going for each other’s’ throats, the Court ruled 7-2 that the Florida Supreme Court violated the Constitution and 5-4 that the election was over. And it was over. The Court served its’ Constitutional purpose and Americans accepted the ruling and moved on.

Now, with a perceived 5-4 conservative majority, Democrats are no longer content with letting the Supreme Court exist as a co-equal third branch of government. Rather, they intend to weaponize it as they have weaponized so many other areas of government (The Obama/LBJ/FDR IRS’, the Russia collusion hoax, James Comey’s FBI, and the subpoenaing of Trump’s tax returns to name but a few). Democrats don’t appear willing to embrace a judicial body that merely calls balls and strikes. Rather they appear to prefer a super-legislative rubber stamp for liberal presidents and policies, a weapon aimed against the principles of a Democratic Republic.

Democrats have a long and demonstrated history of using the judiciary as a weapon. When democracy does not go their way, so called Progressives sprint to the courts in order to overturn the will of the people. The Ninth Circuit specifically, the court of the judicial family akin to that crazy drunk uncle you feel compelled to invite to the family reunion while praying he doesn’t talk to the children or ask anyone to pull his finger, has become the preferred weapon in the left’s judicial arsenal. So now it is no small wonder that Democrats want to mess with, and by extension de-legitimize, the Supreme Court.

Bernie Sanders, by no means a stranger to, shall we say, radical ideas, has taken the lead in finding new ways to weaponize and politicize the Supreme Court. In April he proposed, "What may make sense is, if not term limits, then rotating judges to the appeals court as well . . . Letting them get out of the Supreme Court and bringing in new blood." Senator Sanders doubled-down on this plan during last week’s Democratic debate, declaring, “We got a terrible 5-4 majority conservative court right now. But I do believe that constitutionally we have the power to rotate judges to other courts. And that brings in new blood into the Supreme Court and a majority, I hope, that will understand that a woman has the right to control her own body and the corporations cannot run the United States of America.”

In short, old Bernie envisions a Supreme Court that can be essentially appointed (or rotated) in its entirety, by the very president whose policies they will ultimately have to rule on. He said as much Thursday night when he made clear his deplorable designs. Get that straight. A candidate who has consistently called Donald Trump a dictator wants a Supreme Court he can appoint or rotate at will that will simply confirm the administration’s (his administration’s) proclamations. Hypocrisy at its finest.

Still, Bernie is not alone in his assault on the Supreme Court. Justices of the Court serve for life. They do not come and go at the pleasure of each administration, and for good reason. How can they be an independent co-equal branch of government if their very position is subject to blind acceptance of another branch’s whims. Yet Kamala Harris would like to see term limits imposed. Pete Buttigieg would like to see the Court expanded to 15 members. Cory Booker is “open” to discussing expansion of the nine-member body (though admittedly reticent that a Republican administration and Congress would do the same).

All of the current candidate’s for president, and most of their Democratic colleagues in Congress have, in one way or another, envisioned and expressed a manner by which to ensure the Court is nothing more than a partisan tool to blow with the wind of each and every administration. Presumably Democratic administrations. Not a safeguard of Constitutional freedoms or an independent body protecting against partisan posturing, but a body relegated to rubber stamp status.

To adopt any of the aforementioned policies, or for that matter, any policy toward the Supreme Court’s composition, made in haste out of partisan political desperation or expediency, would nullify the Court’s significance and negate its’ Constitutional role. Such is a recipe for disaster and an unconstitutional one at that.

Leave the Supreme Court alone. Be happy or unhappy with their rulings but accept them, nonetheless. Our Republic has survived for 230 years not in spite of our reliance on the Supreme Court, but because of it.


TOPICS: Culture/Society; Editorial; Government
KEYWORDS: berniesanders; scotus; supremecourt
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1 posted on 07/05/2019 1:48:44 AM PDT by Kaslin
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To: Kaslin

Impeach Traitor Roberts...


2 posted on 07/05/2019 1:50:54 AM PDT by Paladin2
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To: Kaslin

The title applies to most everything democrats aspire to.


3 posted on 07/05/2019 1:55:37 AM PDT by exnavy (american by birth and choice, I love this country!)
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To: Kaslin

[Yet Kamala Harris would like to see term limits imposed.]


Forget term limits. How about direct election every 10 years for Court of Appeals and Supreme Court judges? And 10-year terms for District Judges after which they can be re-appointed, or not.


4 posted on 07/05/2019 1:58:50 AM PDT by Zhang Fei (My dad had a Delta 88. That was a car. It was like driving your living room.)
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To: Kaslin

Can I ask “Why?” is America giving itself to flirt with giving true power to idiots and scum , such as Bernie Sanders , and the entire plethora of Democrat Party fools ,traitors and cretins ? Does it really behoove to risk our entire collective future just so we can say we gave these pukes an equal shot at political power? I think not....


5 posted on 07/05/2019 2:03:06 AM PDT by LeoWindhorse
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To: Kaslin

The left has no respect for the Constitution, and no appreciation for how it bedrocks our nation. That’s why they want it to be a ‘living and breathing’ (i.e. easily changeable and manipulated) document. I wonder if they’d be okay with a ‘living and breathing’ mortgage, the interest and terms of which the bank could alter upon a whim?


6 posted on 07/05/2019 2:26:26 AM PDT by neverevergiveup
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To: Zhang Fei

Wait a minute, it looks like you agree with Sanders.


7 posted on 07/05/2019 2:37:08 AM PDT by Kaslin
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To: Kaslin

If it is not clear what they all want, it is a dictatorship with them in charge. Plain and simple. It is a plan decades in the planning. Slowly but surely, our system of representative government in a republic has changed.

Our representatives used to work for us; now we work for them. They ignore us except to take our money and our votes. They continually seek to silence us. We all know the old saying: Soap box, Ballot box, Jury box and Cartridge box.

Keep your powder dry.


8 posted on 07/05/2019 2:46:41 AM PDT by NTHockey (Rules of engagement #1: Take no prisoners. And to the NSA trolls, FU)
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To: Kaslin

[Wait a minute, it looks like you agree with Sanders.]


Sanders wants the same old methods of selecting judges. He also wants rotations. I want popular elections every 10 years. Rotations are just off the wall. I think it’s good that he brought this up. The moment judges are elected or appointed to fixed terms, after which they must be re-elected or re-appointed, things are gonna be a lot different with respect to their unbridled arrogance. A king with absolute power acts very differently from an elected politician.


9 posted on 07/05/2019 2:56:24 AM PDT by Zhang Fei (My dad had a Delta 88. That was a car. It was like driving your living room.)
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To: Zhang Fei

They can try to change it, if they want to go through the constitutional amendment process.
Ah, hah, hah, hah, hah!


10 posted on 07/05/2019 3:08:22 AM PDT by .44 Special (Tiamid Buarsh)
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To: Zhang Fei

You are ignoring that the supreme court justices are chosen for life according to the constitution.


11 posted on 07/05/2019 3:23:06 AM PDT by Kaslin
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To: Kaslin

[You are ignoring that the supreme court justices are chosen for life according to the constitution.]


If the Democrats are up for it, I expect we can get enough Republicans to change this via constitutional amendment. The idea of a lifetime appointment for anything, including the judiciary, the most powerful of the three branches of government, is just nuts.


12 posted on 07/05/2019 3:29:43 AM PDT by Zhang Fei (My dad had a Delta 88. That was a car. It was like driving your living room.)
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To: Kaslin

While I’m no friend of Roberts, I do think that ANY ATTEMPT to change how the Supreme Court operates for political gain (rotating judges, adding judges) will simply be declared unconstitutional by the Supreme Court and not be a problem for us. But like everyone else here, it would really be nice if we don’t need Robert’s vote (i.e., RGB finally leaves the Court).


13 posted on 07/05/2019 5:22:52 AM PDT by BobL (I eat at McDonald's and shop at Walmart - I just don't tell anyone.)
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To: Paladin2

Right, Bernie has nothing to complain about. Roberts has dropped all pretense and joined the girls. A back stabbing traitor of the worst kind.


14 posted on 07/05/2019 6:01:04 AM PDT by gibsonguy
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To: Zhang Fei

you advocqte democracy. Democracy kills. The trash take over and destroy.

At present, the Ameritrash outnumber us good guys. The Ameritrash has destroyed the cities and longs to destroy the rest of the country.

Before the rest of the country becomes Baltimore or Portland, the trash must be swept out


15 posted on 07/05/2019 6:06:35 AM PDT by bert ( (KE. NP. N.C. +12)There were Democrat espionage operations on Republican candidates)
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To: LeoWindhorse

I have asked, basically, the same question over and over again. The radical Commie Rats don’t have enough integrity and standing to give them the time of day.

I think the reason so many people listen to them is that the uber-evil and corrupt press works overtime to give them credibility. The press, working honestly to tell the truth, is a great asset to a country. But their non-stop corruption and dishonesty has led us to the brink of disaster. Much, much more needs to be done to demand honesty and historical accuracy from the press and the social media giants. President Trump has led on that point, too.


16 posted on 07/05/2019 6:16:22 AM PDT by RatRipper
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To: Zhang Fei

The do that in some states, including the Commonwealth of Pennsylvania. That is how we got the supremes redrawing congressional district boundaries to flip four seats to the Democrats.


17 posted on 07/05/2019 6:35:56 AM PDT by Vigilanteman (The politicized state destroys all aspects of civil society, human kindness and private charity.)
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To: Kaslin; Chode; Squantos; SkyDancer; carriage_hill; Lockbox; All
Or maybe just do it like zer0 did to Scalia and put out a Hit while at a Resort.

Nobody really seems to have given too much of a rat’s a$$ about that method...

18 posted on 07/05/2019 6:42:14 AM PDT by mabarker1 ((Congress- the opposite of PROGRESS!!!))
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To: Kaslin

“Democrats are no longer content with letting the Supreme Court exist as a co-equal third branch of government.”

How can it be called “co-equal” when it has the final say?


19 posted on 07/05/2019 7:09:50 AM PDT by aquila48
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To: aquila48

According to Article II Section 2 of the United States Constitution, the Supreme Court has the following power: “The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;-to all Cases affecting Ambassadors, other public Ministers and Consuls;-to all Cases of admiralty and maritime Jurisdiction;-to Controversies to which the United States shall be a Party;-to Controversies between two or more States;—between a State and Citizens of another State;-between Citizens of different States;—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.”


20 posted on 07/05/2019 7:14:36 AM PDT by Kaslin
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