Myth #1: The Supreme Court, and by extension, the other courts, have a constitutional right to declare a law unconstitutional.

Actually, under Art. III, the Supreme Court does not have that right. They are merely to judge the law, without will or force. When the founding fathers created the Constitution, they made the Judiciary branch a LITERAL third wheel of the government, with no power of their own. It is no accident that they listed the court’s responsibilities under Art. III.

So how did the courts get this power ? Marbury vs. Madison, that’s how. I won’t bore you the details about the case, considering that the people here know far more than me on judicial activism. Needless to say, the courts took for themselves the power to “interpret” the law. I will make clear the significance of this particular case later. So the question is, what power does the courts have to enforce a decision, on the other two branches. That leads right into…

Myth #2: The President, or Congress cannot enforce a law that they passed, since it has been declared unconstitutional.

Simply to put, under the Constitution, The President or Congress can just tell the Supreme Court to go pound sand. After all, the courts literally have no power over the other two branches. So, why do the two branches adhere to the Supreme Court’s rulings ? Because, quite simply, the Supreme Courts are used as scapegoats. Suppose a politician had a tough choice to make, one that could decide whether he gets elected or not. Why not pass it off to the Supreme Court ? After all, they are appointed for life, not elected every few years.

Also, in terms of public opinion, the Supreme Court ranks the highest, followed by the president, and finally at a distant third, Congress. In theory, The President, or Congress can enact a law and enforce, and the Supreme Court can’t do a (blankety-blank) thing. In practice however, it could carry severe political consequences. Like people voting you out office, or your rating falling faster than a meteor plummeting to Earth. That is why you don’t see Congress or the President crossing the Supreme Court.

Why am I telling you this ? Because the above scenario has never actually happened before. But I have a feeling that either this Congress or the TOTUS might be arrogant enough to do it, if the courts move against any of there crap they are currently shoving down our throat. And while we may yell that it is unconstitutional to roll over the courts, nowhere in the Constitution does it say that it isn’t. The Supreme Court only has as much power as the other two branches allow it to have.

The moral of this story, is that we need to take back the other two branches, and not to count on the courts; especially if the Democrats get a swelled head, and decide to tell the Supreme Court to go (blankety-blank) themselves. Basically, if they feel public opinion is on there backs, they may actually risk it.

     I happen to be relatively new at Redstate. I have only lurked, and maybe a couple of posts. But I haven’t done anything serious, until now. No more, I have been given a blow by my own mother, and that is what has gotten me furious.

     You see, I became a conservative, because my mother was a conservative. It wasn’t until my 18th birthday that I knew why I became a conservative. I became a conservative, because I love people. I love people’s ability to make a life for themselves. I have fallen in love with the power of choice, that a person can make their own destiny. The fact that they have a divine right to create their own happiness.

     I am a conservative, because I love people. I love them because they struggle for their own happiness, and, at the same time, look for other peoples happiness as well. They help people, because they want to help people, of their own choice.

     Why I say this, is because I just got out of a “argument” with my mother that has literally left me in tears, me a grown man. I know why she thinks the way she does, but I never thought that she would hop on the band wagon, at least as quickly as she did.

     It started when she had had a tv, that was disfunctional. the only cable news she could get was MSNBC. So she began to watch it day in, day out. I had only found out about it a month after, in which I promply came over and fixed the tv for her.

     So I pointed her to Fox news as a way to “detox” her from the vileness on MSNBC.  A week later, me and her were discussing political philosophy, in which she told me she detested the right. I was stunned for 4 or 5 minutes, unable to speak a coherent sentence. My own mother, who got me involved in politics on the right since I could remember, turned her back on conservatism.

     I findly asked her why, and she said that the right were heartless when it came to our agenda with entitlements. I told her that the government doesn’t have the responsibility to provide welfare, it was to promote the general welfare. We people can make our own welfare. She told me it was the governments responsibility to provide for the people, and I quipped that the government also take away our rights if we let them take that responsibility.

     I had a sneaking suspicion that this had to do with the Social Security and Medicare, that we lived on all our life. Because our father died, Mom took it upon herself to homeschool us, and forsook taking a job, hastening our dependence on entitlements. Everytime we would talk about entitlements, me and her would clash, as she would always remind me that I wouldn’t be here if it wasn’t for welfare. She also reminded me that I wouldn’t be in college if it wasn’t for welfare as well. We parted ways after that discussion.

     We clashed several more time last week, until I told about what Obama has done with GM, and she told me she supports it, and hopes he does the same to everybody else at Wallstreet, in order to stabilize the economy. Thats when the discussion got out of control.

     I objected, and told her that Obama and his cronies were crazed with power and is seeking complete control on the economy. I also then told her that in order to accomplish that, they would need to control we humans ourselves. She told me that I had no basis for saying that and I was just exaggerating. Ithen remarked that what she was advocating was socialism, the total control of business by the government, and she told me there was nothing wrong with it. The conversation grew more heated until we finally told each other off and slammed the phones. I have been in tears since.

     I know what I did was no way treat the person who gave me life, but I couldn’t believe the complete change in attitude in the last several weeks. She went from a fierce detractor of Obama to supporting him. I just can’t understand. I plan to call her up and apologize for the last discussion, and will just not say anything about politics and philosophy. It will be hard, as my major is political science, and philosophy. I went to college because I planned on becoming a statesman, in order bring back the liberty I felt was being forcibly taken from us at our will. Even though my mother has left conservatism, I will not. I love people too much for that to happen.