Posted on 07/03/2003 12:09:27 AM PDT by JohnHuang2
There's a rising chorus of anger across the land in response to three U.S. Supreme Court decisions within a week that strip the people of their power, eviscerate the rule of law and illegitimately empower nine unaccountable high priests in black robes.
In the first case, in a 5-4 ruling, the justices found the 14th Amendment's equal-protection clause really doesn't mean what it says. They found there is a compelling state interest to discriminate on the basis of race to promote a more diverse society.
The court ruled that so-called "affirmative action" programs in colleges and universities that show racial preferences for the purpose of achieving the nebulous goal of "diversity" are perfectly appropriate.
Back in the 1960s, the civil-rights movement opposed racism. But, most of all, it opposed "institutionalized racism" – the pernicious kind sponsored by states and corporations and cultural institutions. This was seen, rightly so, as the most insidious form of racism.
Today, through decisions like this by the Supreme Court, the U.S. is re-institutionalizing racism that has been largely destroyed through the good efforts of those striving to achieve a color-blind society.
The next blockbuster ruling was the 6-3 vote determining, for all intents and purposes, that the Constitution contains a hidden right to practice homosexual sex.
Of course, if there is a constitutional right to have homosexual sex, how can one deny there is a constitutional right to group sex? How can one deny there is a constitutional right to consensual incest? How can one deny there is a right to have sex with animals? How can one deny there is a constitutional right to polygamy?
You can't. There is no difference. And that's why there is no constitutional right to homosexual sex – or any other kind of sex for that matter. The word sex doesn't appear in the Constitution. It is a subject not addressed – which is, under the Constitution, precisely why it is a matter left to the various states.
This opinion bears striking resemblance to an earlier court decision still hotly debated 30 years later – Roe v. Wade. There, too, the justices acted as super-legislators rather than slaves of the Constitution.
As Justice Antonin Scalia explained it, the court "has taken sides in the culture war." He added, "The court has largely signed on to the so-called homosexual agenda."
Homosexual marriage? Homosexual adoption? How can the court say no? It's just a matter of time before all state laws prohibiting them are struck down using the same logic – or illogic – used by the current court.
The third ruling that demonstrates the hyper-activism of the Supreme Court majority was a much-less-noticed 5-4 decision to overturn a California law and free hundreds of confessed and convicted child molesters in California.
The court found the state had violated the Constitution's ban on ex post facto – after the fact – laws when the Legislature changed the time limit for bringing criminal charges in child sex-abuse cases to cover older cases.
As a result, hundreds of molesters have been or will be released from jails and prisons across the state. The cases all involve not just allegations of abuse, but strong corroborating evidence, which was required under the 1994 law struck down by the high court.
Americans had better rise up angry against this court or we as a nation will cease to have anything even remotely resembling a representative form of government. It's not enough to wait years for new justices to be appointed. At least five, perhaps six, members of the court have proved they are out of control, unaccountable to the Constitution from which they derive their limited authority. They are in clear violation of the oaths they took to their offices.
It's time to impeach them. It's time to put some heat on those abusing their power – and let's name names: Stephen G. Breyer, Ruth Bader Ginsburg, Sandra Day O'Connor, David H. Souter and John Paul Stevens. Anthony Kennedy sometimes goes along for the ride.
These people have to go.
It's time to challenge the authority of the majority with an impeachment movement.
Will it happen overnight? Absolutely not. No great movements ever do. But it will only happen if Americans stand up and demand it. Even if the movement fails to achieve its objectives, it will set a different tone for the appointment of future justices who will know there is a political price to pay for undermining the Constitution.
Judicial activism has no place if they are to serve what is supposed to be a Constitutional Republic .. If we can keep it .
If we are to cut out the cancer of special interest activism we ought to be scortching Congress 1st .
Also the following excellent quote from Mr. Jefferson:
[T]o consider the judges as the ultimate arbiters of all constitutional questions [is] 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.
He [Jefferson] further explained that if the Court was left unchecked:
The Constitution . . . [would be] a mere thing of wax in the hands of the judiciary which they may twist and shape into any form they please.
Then look at current posts that seem to prevail with commentary & popularity . I'm sincerely stunned to paralisys .
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