Skip to comments.Is the Supreme Court the ‘sick man’ of the Constitution? [So Says Senator Ted Cruz]
Posted on 07/31/2015 10:36:04 AM PDT by SeekAndFind
A remedy is needed that will restore health to the sick man in our constitutional system, said Senator Ted Cruz, shortly after the Supreme Courts rulings on Obamacare and marriage equality in June.
With all due deference to separation of powers, last week the Supreme Court reversed a century of law that, I believe, will open the floodgates for special interests, including foreign corporations, to spend without limit in our elections, President Barack Obama warned after Citizens United in 2010.
Many of our politicians have surrendered to the false god of judicial supremacy, which would allow black-robed and unelected judges the power to make law as well as enforce it, declared former Arkansas Governor Mike Huckabee, following the legalization of gay marriage.
There should be a real outcry against this kind of decision. And there will be many more now, former Secretary of State Hillary Clinton proclaimed, not long after Hobby Lobby last year.
It seems there is little love for our third branch of our government.
An increasing number of prominent politicians in both parties are bashing the Supreme Court on a regular basis. They switch so easily from condemning the judicial activism of these black-robed and unelected judges to praising the wisdom of said judges.
The numbers bear out this growing distaste for the Court. According to a C-Span/Penn Schoen Berland poll released on July 21, 66 percent of Americans believe the Supreme Court is as partisan as Congress and not fulfilling its proper constitutional duty. 76 percent believe that the Supreme Court should allow TV cameras in their chambers during oral arguments, in order to make the Court more transparent. 60 percent disagreed with the lifetime appointment of Justices to the Supreme Court; 79 percent were open to 18-year terms.
Another poll, released by Reuters/Ipsos on July 20, showed that 63.4 percent of Democrats, 63 percent of independents, and 72 percent of Republicans said they favored a 10-year term for the Justices. 54 percent of Democrats and 50 percent of Republicans looked favorably on a system that allowed justices to be elected.
These numbers are impressive. They cut across the political spectrum. Approval of the Court may ebb and flow with the political tides, but the idea of reform remains a consistent trend.
How Americans would reform the Court is another matter entirely. Proposals range from Sen. Cruzs election retention proposal to limiting the time served as a Justice anywhere from eight to 18 years. Such divisions limit the likelihood of reform any time soon.
As the calls for reform mount, it is tempting to believe the Court is, as Sen. Cruz says, the sick man of the Constitution. After all, the Court is not directly accountable to voters, yet its decisions can affect policies for generations. The Courts decisions are difficult to defy or change, yet the Court is not infallible. Its very nature seems to fly in the face of democratic principles.
But it is important to remember the nature of the Supreme Court. It is not a popular branch of government; it is an insulated branch, designed to serve the Constitution. The Court must be able to make unpopular decisions. It must be willing to do what is right without checking poll numbers.
As such, popularity should not be the Courts aim. The Court has made many unpopular decisions in the past that have endured as positive legacies, like desegregation and the right to privacy. And many decisions that were popular in their day, like Plessy v. Ferguson, have become bitter blots on the Courts honor.
The Supreme Court has a unique and important role to play in the separation of powers. That role should be remembered, even when we dont like what it says.
NO the DOUCHBAG “Legislative””Branch” of our WORTHLESS “Federal(Feral) Government” is because they have been Bought, Blackmailed AND Paid For!
Sick, crippled, castrated and totally blind in their right eye!
Sick, hell, the patient is Stage IV Terminal.
No, the entire federal government is not only sick, it’s utterly corrupt.
I’m really not okay with any of it anymore.
The other two branches aren't looking all that healthy either.
“The numbers bear out this growing distaste for the Court. According to a C-Span/Penn Schoen Berland poll released on July 21, 66 percent of Americans believe the Supreme Court is as partisan as Congress and not fulfilling its proper constitutional duty. 76 percent believe that the Supreme Court should allow TV cameras in their chambers during oral arguments, in order to make the Court more transparent. 60 percent disagreed with the lifetime appointment of Justices to the Supreme Court; 79 percent were open to 18-year terms.
Another poll, released by Reuters/Ipsos on July 20, showed that 63.4 percent of Democrats, 63 percent of independents, and 72 percent of Republicans said they favored a 10-year term for the Justices. 54 percent of Democrats and 50 percent of Republicans looked favorably on a system that allowed justices to be elected
When you have majorities of Americans of that scope, and democrats and republicans alike in agreement that something is seriously wrong with SCOTUS, you can bet your bottom dollar that something IS wrong. Problem is, what solution(s) will be conceived to fix the Court.
P.S. Judicial review of legislative acts is something I would not with on any nation, and I’d advise any new nation to avoid it like the plague.
As much as I detest the SCOTUS these days, Congress could in most instances render it’s rulings mute by passing corrective legislation.
So yes, the SCOTUS is seriously defective.
Even more defective is Congress for taking a complete pass on anything they could fix.
As for Obama being able to veto the fix, sure he could. Folks, Obama has used his veto four times in 6.5 years.
F O U R
This was made possible by the Democrats having the majority for a while. What’s the excuse these days?
Congress could have jumped on the SCOTUS with both feet, and didn’t lift a finger to do anything.
“But it is important to remember the nature of the Supreme Court. It is not a popular branch of government; it is an insulated branch, designed to serve the Constitution.”
Another straw man argument. How about this: The Sabbath was made for man; not man for the Sabbath. The Supreme Court should be serving the American public. To do that it should stay within the guidelines established in the Constitution and not legislate from the bench as it has been doing for over 100 yrs.
Which makes it all the more critical that NO Obama judicial appointee is EVER confirmed again!
Yes. As Cicero knew and explains thoroughly-—(but no one studies him anymore), that “Justice” is the Queen of Virtues, and when any laws are allowed to be convoluted, twisted and promote evil or unjust laws and are not corrected-—then we will devolve into chaos and special interests will be able to buy and control the court.
We have “Rule of Man” when we have no “Rule of Law” (Justice/Higher Laws based on Reason/Truth/God). Without Right Reason according to God’s Works (Natural Law), there is only arbitrary laws. And all arbitrary law devolves into chaos and tyranny.
Over a hundred years ago, we had the Robber Barons buying “judges” and destroying private enterprises right and left. It is just the same ol’, same ol”——evil nature of man-—and how Absolute Power corrupts absolutely.
We need to get back to Truth/God’s Laws so we can eliminate arbitrary laws where human beings can be used in dysfunctional, evil, diabolical ways——since we ALL (even unborn) have dignity and worth (Individual Natural Rights which are unalienable——govt. is NOT allowed to remove our God-Given Natural Rights-—but they have and are which should be “Null and Void”.
Justice—as the Queen of Virtue—has to promote “public virtue” at ALL times-—otherwise, it is unconstitutional by definition.
(Actually, Rule of Law was bought and paid for and controlled by the Robber Barons-—they created monopolies that were funneled into Foundations and Non-Profits so they could use billions to brainwash and control all information-—the schools, universities, media, court outcomes (bribe judges)-—so that they could be the Shadow Government (true rulers like today.....Wash. DC is a total puppet govt. now.).
We haven’t had “Rule of Law” (true Justice System) for a half of century now and we are wreaking its rewards of tyranny as Cicero illustrated over two thousand years ago.
I respectfully disagree with Senator Cruz. The sick man of the federal government is not the Supreme Court imo, but the corrupt Senate.
More specifically, the Founding States had intended for the Senate to protect the states by killing House appropriations bills which not only steal 10th Amendment-protected state powers, but also steal state revenues associated with those powers.
In fact, a previous generation of state sovereignty-respecting justices had clarified that Congress is prohibited from laying taxes in the name of state power issues, essentially any issue which Congress cannot justify under its constitutional Article I, Section 8-limited powers.
Congress is not empowered to tax for those purposes which are within the exclusive province of the States. Justice John Marshall, Gibbons v. Ogden, 1824.
But whats happening now is that the corrupt, post-17th Amendment ratification Senate is actually working in cahoots with the corrupt House to pass bills which steal state powers and state revenues associated with those powers. The Senate does this because it confirms activist justices who will declare unconstitutional laws to be constitutional if they are challenged, such justices not having to concern themselves with the Senate possibly removing them from the bench for doing so.
Constitution-ignoring presidents likewise know that they can get away with signing unconstitutional bills into law for the same reason, the corrupt Senate giving lawless presidents a free pass for signing such bills, activist justices also getting a free pass from the Senate when they steal legislative power to establish rights, such as gay marriage, from the bench.
But also consider that the sick man has an enabler. More specifically, voters who have never been taught about the federal governments constitutionally limited powers are clueless that they are abusing their voting power by electing corrupt politicians to the Senate who are actually destroying their constitutional protections.
The ill-conceived 17th Amendment needs to disappear, and corrupt senators, lawless presidents and activist justices along with it.
It’s time to add some amendments to the Constitution:
1. All federal courts shall be abolished including the Supreme Court and no further ones created
2. The District of Columbia shall be part of Maryland
3. a state judge may be removed immediately by a 60% or more vote of a legislative branch of the state
4. any judicial action based on any activity in the state may be voided by a 60% or more vote of a legislative branch of the state
5. a. No judge or judicial body or judicial action may in any way usurp the spending power of an elected government
b. no judge serving any state shall cause the expenditure of money from a state or political subdivision except by detailed petition of the state legislature which includes a maximum total of money to be spent and any such judicial action shall be limited to the current fiscal year
6. all consent decrees or like involving a government or public entity created under law shall be forever void and none may be entered into
7. fines and court costs assessed in total at any time shall not exceed the average income of a punished person for two months over the past five years (based on tax returns filed) or 300 times the state’s hourly minimum wage, whichever is more
8. the appointment of counsel paid by government funds now required by Amendment VI shall be limited to capital cases and cases with charges with the total potential of imprisonment for more than a year
How about have judges be elected?
The sickness in government is in the heart of man - sin. Without a godly society, no form of government can stay good.
RE: How about have judges be elected?
There are advantages and disadvantages to this proposal.
The advantage is justices like Ginsburg can be kicked out during a wave election year like 2010 and 2014.
The disadvantage is the good justices like Scalia and Thomas might be kicked out during wave election years favoring Democrats like 2006 and 2008.
“As such, popularity should not be the Courts aim. The Court has made many unpopular decisions in the past that have endured as positive legacies, like desegregation and the right to privacy. And many decisions that were popular in their day, like Plessy v. Ferguson, have become bitter blots on the Courts honor.”
Its a bit dishonest do describe the courts edicts of the 50’s and 60’s as ether constitutional or having necessarily a positive legacy. Their only real legacy was legislation from the bench at the expense of Constitutional law. It is because of them that we are now facing open lawlessness.
Even thou their particular aims are popular today, the means ment the destruction of the foundation of a free Constitutional republic.
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