Posted on 02/14/2016 7:00:08 AM PST by Enlightened1
The death of Supreme Court Justice Antonin Scalia doesn't merely mark a tragedy for Constitutional philosophy - it may mark the death of American Constitutionalism as a whole.
Scalia's philosophy of jurisprudence is well-known and shaped two generations of conservative thinkers: the Constitution ought to be interpreted according to its original meaning. This shouldn't have been a groundbreaking notion given that most legislation is interpreted according to those rules, but because leftist jurists have spent a century chiseling away at the meaning of the Constitution based on their personal political beliefs, Scalia's reinvigoration of traditional interpretive methodologies made him a historic figure. Scalia's brilliant, passionate writing style made him author of some of the most famous dissents in Supreme Court history, and channeled the modern conservative frustration with the continuing abandonment of the Constitution.
Scalia's jurisprudence also reminded conservatives that there is no substitute for proven Constitutional originalism. Most conservatives ignored that when they greenlit the appointment of cipher John Roberts for Chief Justice of the Supreme Court, a point I made when he was appointed. But Scalia provided a consistent reminder that Constitutional philosophy matters. It isn't just a game of doing whatever you want politically. Constitutional jurisprudence is about recognizing the limits of the federal government - and recognizing the limits of the politicization of the Court itself.
In the end, Scalia's death could mark the end of the Constitution itself. That's because the current Supreme Court rested, until Scalia's death, on the vague, confused, indeterminate philosophy of Justice Anthony Kennedy, who apparently decides cases on the basis of whether he has a solid bowel movement that morning. That means that half the time, the Constitution has a shot, as in Citizens United; the other half of the time...
(Excerpt) Read more at breitbart.com ...
No more Establishment Republicans for offic like Rubio, Jeb and Kasich.
And the GOP.
If they lose this, they are indeed a dead party.
The Supreme Court, in my opinion, has not performed its proper role in a very long time.
I feel that the Court is supposed to block the execution of laws which violate the Constitution. Nothing more. Nothing less.
The started legislating from the bench a very long time ago. And now they just completely make #### up.
If we don’t stop the dhimmi’s we are a dead nation.
If the Republicans ‘ROLLOVER’ AGAIN, it will also mark the DEATH of the Republican party.
Trump for President. Only chance.
From what I have seen so far this morning, the United States of America died yesterday too. The funeral will be held in November.
We are on the edge of some dark times.
If obama gets his way there would be five solid liberals on the court. Five out of nine will impose the liberal.view of every single issue which comes before the court.
And knowing he has five out of nine justices in his back.pocket obama will be even more aggressive with these executive orders and ruling by decree. If 5,out of 9, will back whatever he does, there will be nothing to stop him.
Best tell that to the crowd last night who was all out for Bush and who behaved like little children.
My grey fear is the possibility of a lefty judge being put in and the new majority unilaterally ending the 2nd amendment on a pretext. The decision would be ignored. People would go to DC and do the unthinkable to the leftist justices with their Now “illegal” guns. That would do nobody any good. And be very detrimental to our side.
NO ONE PERSON SHOULD HOLD THIS MUCH POWER OVER 300,000,000 PEOPLE.
NO. ONE !!!
We must reduce the power of the Supreme Court.
One idea: Every state governor nominates a justice. It can be any one citizen (judge) from anywhere in the country. It would be approved by the state legislature. At the same time, a “back up†nominee would be approved so we would not have a long-term vacancy ever on the court.
They would serve 15 yrs and done.
Yeah, it would be political, but it is now.
Republicans had better take a stand for once and especially on this.
The country cannot afford another Obama liberal activist who ignores the laws of the country.
Judges should have term limits.
Look at Ginsburg for instance. She is sleeping through most of the day and yet she rules on important issues facing the country.l
“....vague, confused, indeterminate philosophy of Justice Anthony Kennedy, who apparently decides cases on the basis of whether he has a solid bowel movement that morning.”
(Such Truth!) That sentence needs to be emphasized.
Principled people like Scalia are necessary for ALL US court justices and those that don’t “think” like a Scalia, should NEVER be allowed to take the oath of office-—for they are lying or are too stupid or undereducated to be able to understand the simple philosophy of our Founding FATHERS.
The Constitution is the Supreme Law of the Land and for those who would warp it or “change” and “twist” the words——they, like Kagan and Ginsberg and the evil “Latina” belong in prison for treason.
“the Constitution ought to be interpreted according to its original meaning.”
It’s not as though the Constitution should be interpreted in the same manner as a popular song with ambiguously worded lyrics but that sure seems to be the approach of the left.
I've said it many times:
The Republican Establishment do not want Trump (or Cruz) to be president.
The Democrat Establishment do not want Sanders to be president.
If the two nominees are Trump and Sanders, then the political Establishment will face a crisis. I think Obama will find some sort of "emergency" and will cancel the election and offer himself up for a third term.
The Republican Establishment will praise him and thank him.
The Democrat Establishment will praise him and thank him.
The Supreme Court will do nothing.
It occurs to me that maybe the “Supreme” Court has to go full tilt Left before Americans finally, fully wake up to the fact that the Court is supreme ONLY over the inferior courts, NOT over God, over nature, over the Constitution, or over We the People of the United States.
“You seem . . . to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy...The Constitution has erected no such single tribunal...”
— Thomas Jefferson, Letter to William Jarvis, Sept. 28, 1820
“I do not forget the position assumed by some that constitutional questions are to be decided by the Supreme Court, nor do I deny that such decisions must be binding in any case upon the parties to a suit as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases by all other departments of the Government...At the same time, the candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal.”
— Abraham Lincoln, First Inaugural Address
States will start to break off.
People can accept a high court that at least tries to be neutral. But when you have obvious political plants MAKING UP LAW as they go, then you cannot sustain a nation. It will splinter.
Dred Scott should be the warning.
You are pinning your hopes in the wrong place. Trump is no conservative and I do not trust him to pick the next supreme court justice. Probably moot anyway because I doubt McConnell will stand up to Obama and will let his pick through. In that case Trump can preside over the death of our republic, it won’t matter.
If the Republicans ‘ROLLOVER’ AGAIN, it will also mark the DEATH of the Republican party.
*****************
Nobody would notice their demise. Its already a party without a soul, convictions or political direction. Does anyone have any idea what the Republican Party really stands for?
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