Posted on 11/19/2008 6:34:40 PM PST by A Navy Vet
The Republican party lost again. We can debate all day long why that occurred. So where do go we from here?
The answer is in the courts!
Conservatives, and even Repub loyals have lost big time and we are now facing another FDR, Johnson, Carter expansion of liberal/socialist ideals. If you want to hang tough for Obama's "possible" failings for a Congressional change in 2010, more power to you.
I am suggesting a new tactic: The liberals have used the courts for decades against conservatism and won many many times. I suggest we do the same. It's time Constitutional advocates start using the courts and pushing for Constitutional adherence.
I say forget party loyalty which obviously didn't work out. We conservatives have the historical written documents to back us up. Think of ALL the correspondence between the Founding Fathers and regarding their INTENT.
So, I suggest a NEW Constitutional legal entity be formed. If you don't like the "American Conservative Union" name, than suggest another. It doesn't matter what it is called, it just needs the resources to pay for the lawyers.
Short of revolution, I see our only hope in the courts. Think about it.
Don't believe this will make a difference now. Looks like they are about to lock up the 60 for the Senate. Obama is a communist, not a socialists, and with the constant lineup of his cabinet, we are toast. Hang on, all we can do is ride it out.
Check out http://www.judicialwatch.org/ and http://www.myheritage.org/
As a practicing attorney, I can assure you that the Constitution is for all practical purposes ignored by the courts insofar as it would constrain governmental power, unless a Leftist issue is involved.
Since the Constitution has become, to too many judges, a “living document”, man the barricades.
TAKE IT ALL TO COURT! Load up the state and federal government court agendas. The lib/socialists have been doing it for years. With enough money, we can do the same.
Yes, I know there are a few conservative legal organizations out there, but what have they done to slow the advancement of socialism? Some sporadic success. But not enough to stop the advance.
Look guys, it's no longer a matter of Free Republic or other conservative websites or real-world organizations spreading the word amongst the choir. It's now about fighting in the courts.
Again, we have a wealth of info provided by the Founding Fathers and their intent on every issue to make a legal case in whatever fight we choose.
Am I wrong in my thinking?
This is because the liberals "own" the courts. They have appointed most of the judges for the last hundred years or so. Even the judges appointed by republicans have been mostly moderates or liberals. Very few conservatives have served on the bench and even fewer "originalists."
It's time for a dedicated legal organization to fight the only fight we have left - in the courts. Such a fight will take large sums of money, even if it takes money away from the Republican party.
Think outside the "political" box. THINK LAWSUITS! Think if enough money were directed to the above, and how it could create a Constitutional awareness and even a Constitutional crisis.
THINK of the media exposure of an organization that is dedicated to Constitutional adherence. The MSM would be lost in trying to to spin "Constitutional lawsuits" based on the Founding Fathers ideals and discussions. They would have nothing other than their "feel good" positions for a Utopian society to counter such ideals. They would be lost.
It has always been a matter of informing the populace about what is best for them. A legal entity, with enough money supporting it, could inform that populace through legal action.
Yes, while not an attorney, I have been a political activist and witnessed such "ignored" throughout my political life. However, if an entity were to exist that has the resources to take issues to the USSC, it's worth a try.
Point is, those who have standing against specific legislation that is contrary to Constitutional principles should file suit. Do you not agree?
“A legal entity, with enough money supporting it, could inform that populace through legal action.”
How does it do that?
Also, I’m not sure what kind of legal action you’re talking about. Could you give an example?
Yes, Jim. But what do we have to lose my flooding the courts with Constitutional lawsuits? If nothing else, we can delay the on-coming socialist agenda, and just maybe educate enough people to make them think.
What else are we going to do? Keep hoping that some savior will come and rescue us? It's over. Our last recourse is in the Courts. If that doesn't work...it's about Thomas Jefferson's quote. You know the quote I'm thinking of.
That's partly easy. An ACLU type structured organization with the opposite agenda. Unfortunately, the money part is not as easy. Conservatives tend to donate their money to the "party". Liberals tend to donate their money to causes (see various State initiatives that have failed). It is now obvious we have wasted our dollars.
"Also, I’m not sure what kind of legal action you’re talking about. Could you give an example?"
There are countless examples. Start with gun laws or eminent domain laws or anything that you realize is contrary to the basic precepts of the US Constitution.
A quick example is the fact that the California State Supreme Court has accepted a challenge to Proposition 8 to amend the CA Constitution. Why would they even consider such a thing?
Much of the US Code is in contradiction of the original intent of the Founding Fathers. We should be filing lawsuits against every state and federal law that is passed that is not within the state or federal Constitutional framework as intended. That takes money and organization.
C'mon, Bob, think. You used to be on top of this stuff, more than me. Do your homework - pick your issue. It just takes money for the lawyers. Again, the libs do it, why can't we?
Best
Even if that happens, sometimes judges surprise us. Did we not just this year get a ruling from the USSC that recognized the individual right to own a gun (even with restrictions)? While we can debate the "restrictions", the ruling was we have a right to defend our homes. However, I wish they would have taken it further to defend ourselves in public. But then, State "concealed carry" allows for that.
Bottom line, the gun arguement is no longer about the militia clause. While it may be unfortunate that it was a 5 to 4 decision, it will be a long time before this ruling is even attempted to be over-turned.
It is not clear to me where it is best to focus the scarce resources of conservatives. I am slowly coming to believe that it would make more sense to focus them on the elimination of political enemies. Anti-Constitutional judges are for the most part locked in place as long as they live. Anti-Constitutional politicians can be defeated. When the rule of law is dead, as it is rapidly becoming, what matters most is the character of the leaders. There is still some hope of influencing that variable.
Targeted lawsuits on specific issues which we can win may be a strategy. But filing hundreds of suits just for the purpose of “tying up the courts”, I’m not sure what that would accomplish with the exception of emptying our pockets.
I’ve got my issue, it hasn’t changed for 10 years.
How difficult would it be to find conservative attorneys to involve in such a movement? Dare I ask if there is any sort of conservative advocacy group for lawyers... or anything remotely along those lines?
If the problem is the ACLU and the NLG, why not just target them?
That's my point. Focus our resources on the Courts.
"Anti-Constitutional judges are for the most part locked in place as long as they live. Anti-Constitutional politicians can be defeated."
Granted, but strong viable lawsuits IS an alternative. The USSC may decide against our position, but I now believe that is the last recourse, short of armed rebellion to protect our Republic. The political process is corrupt and beyond redemption. To fight the enroaching socialism in the courts may be our last chance.
I guess my point is that the judicial process is probably corrupt and beynond redemption too, at least in cases involving government agencies, my speciality.
Okay. So I may have taken my suggestion to extreme. Still, if there is any hope of returning to Constitutional adherence when so much of our nation wants and thinks they deserve STUFF from others, I see the only recourse in the Federal courts. The political process is a farce. You must see that by now?
To paraphrase Alexander Tytler, "Once the populace realizes they can vote themselves the largess of the treasury, the Republic is doomed." This has been the case for some 40 years. Obama, Hillary (SoS), Reid, and Pelosi will continue down that road. We are heading towards the socialist plans of Clinton 2.0.
Such a political mechanism along with the ill-informed American populace will see the end of our Great Experiment in self-government. People want goodies. That's why a unqualified charismatic man is heading towards our White House; he promises them stuff. Sound familiar? Think 1993.
How do you fight that nowadays? I say in the courts with every fiber of our Conservative being while we ignore party affiliations.
Do you really want to keep prancing around with the Republican flag and telling all that everything will be good a couple of years from now if you just vote Republican ticket? Hasn't seemed to work to well, has it? Newt's Contract for America was cool, but Newt is now irrelevant.
Have you not learned anything from the RINO's? Bob, the Republican party has left you. Geeze, some are already talking about working with Obama, (Spector, Snowe, et al).
The courts are our last bastion. Yes, I know they are filled with liberal justices appointed by clinton, but it is worth the try. There is NO other recourse in our political process.
I’ve got my issue, it hasn’t changed for 10 years."
Just what IS your issue, if I may ask?
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