Posted in reply to
https://freerepublic.com/focus/news/3914781/posts?page=6#6
I agree with you. It is impossible that the people have no right to be heard, in a correct finding by the court.
The nature of the issue in their refusal is key... as it essentially claims both that states have no cognizable interest in sustaining the integrity of the Republic, and that state legislatures have no cognizable interest in courts willing to ensure that the laws and the Constitution are upheld, rather than ignored or altered at will by rogue executives, with the inherently malevolent neglect of judges and Justices. The courts refusal to look at these issues... intrinsically alters the Constitutional balances between the legislative power and a rogue executive hijacking the democratic processes with the blessing of the court... perhaps even more easily enabled under duress, if it is granted now without it. But, it also alters the balance in power between states that do follow the law and the Constitution, and those that do not... giving advantage to that evil, having won power in one state, with a leg up in its efforts seeking to leverage that wrongful control into an ability to alter the whole, destroying the Union.
Having mulled that... I think it is important to recognize that the abject cowardice of the court in the instance is easily reversible error.
That appears true, to me, not only because of the specific consequences of the courts willingness to ignore the problems they’re creating in refusing to address the issue... but, because of the obvious improbability of there being 50 state legislatures plus two chambers of Congress who would be willing to allow the court to have the law be rewritten at will by the executive power, under a court saying that executive usurpation of legislative powers is “not a problem worth hearing”.
That outcome in result, however, is one that is familiar outside the requirements of our Constitution, in nations that do maintain the fiction of having legislative processes they pretend have control over the nation, defining its direction, and its limiting the powers of executives.
When the laws are being ignored, and the consequences of the error threatens to destroy the unity that is enabled only by the compact of states agreeing to be ruled by law... the court must not be allowed to put its error or its self interest above its duty.
The 50 state legislature must amend the Constitution to prevent control of the law being taken from them... while a feckless court opts to stand aside and ignore it happening.
Will the legislatures of the 50 states allow themselves to be converted into the rubber-stamp fictions that empower rogue executives to govern as they will ?
Or, will they require the Court to recognize and follow the law and the Constitution... while refusing the Court that usurpation of power that puts it above the Constitution and the core interest of the people when engulfed in conflict... by disallowing the court from choosing to refuse its duty.
I’ve not begun thinking more... about what it should say... how to craft it... but consider it not only worth doing, but obviously necessary... if the nation is to avoid tyranny.