Diary

When SCOTUS Becomes A "Threat To Democracy" The Cure Is Article V And The #LibertyAmendments

Justices of the Supreme Court
Justices of the Supreme Court

In the span of two days the Supreme Court of these United States became a “threat to demomcracy” as the great Justice Antino Scalia wrote in one of his dissents.  In the Courts three rulings King v Burwel upholding Obamacare subsides for the federal exchange, Texas Housing v Inclusive Communities which found that discrimination in housing can happen simply by statistics, and Obergefell v. Hodges which nationalized gay marriage, a serious blow was dealt to the foundations of our nation, our system of government, society itself, and to the Constitution.

In Burwell, Chief Justice John Roberts once again rewrote Obamacare so as to keep the law intact rather than do the right and legally required thing and strike it down, in this case the subsides for the federal exchange, twisting the meaning of words to suit an outcome.

In Texas v Inclusive Communities the Court found that discrimination can now happen by statistical anoymally.  Even  in the abscense of overt, planned/pattern, or documentable evidence of discrimination that disctinction can be so applied just by the appearance of it in statistical analysis.  We all know what Mark Twain said about statistics. This will be used by the progressive left, and the bureacruats Obama has been putting in place at the Department of Housing and Urban Development to force communities to build low-income and government housing for poor and minorities soley to change the ethnic and racial make-up of a community because it doesn’t fit into the master plan of a centralized government planner.

In Hodges, the Court, lead by Justice Anthony Kennedy, bastardized the 14th amendment to nationalize same sex marriage. Making 5 Judges in black robes superior and more knowledgeable than thousands of years of human history, culture, and tradition, not to mention centuries of legal precedent that has defined marriage as being between one man and one woman.

Worse this decision makes the erasure of the 9th and 10th amendments, which on their faces should have made the question of marriage that of the sole juristiction of the seperate states of the union, complete. And forget about the founding precept of Federalism.

The Supreme Court has indeed become a threat to our Democracy and to the Constiution it is sworn to protect and uphold.

Therefore we must use the best tool available to use to fix a broke Court and that is Article V’s Convention of the States process to amend the Constitution.

Over a year ago Mark Levin worte in his best seller The Liberty Amendments that the Convention process needed to be used to place term limits on the Supreme Court(as well as Congress) and that Supreme Court rulings needed to have a veto measure over them.  Levin called for giving Congress and state legislatures each their three-fifths override authority they could enact on Supreme Court rulings within 24 months of their issuance.

In the wake of the rulings Texas Senator and GOP presidential candidate [mc_name name=’Sen. Ted Cruz (R-TX)’ chamber=’senate’ mcid=’C001098′ ] has offered an amendment that would create retention elections for Supreme Court Justices as is done in some 20 other states currently.

On the Senate floor Cruz blasted the Courts judicial activism and suggested that if Chief Justice Roberts and others wanted to be legislators they should resign from the bench and run for Congress.

Fellow GOP presidential candidate Wisconsin Gov. Scott Walker has his own constitutional fix to the Supreme Courts abuse of its power, an amendment affirming marriage as a states issue only.

Any amendment to the Constitution affecting the Supreme Court or its terrible rulings would require three-fourths votes of each chamber of Congress and the ratification of three-fourths of the states, or under the Convention process two-thirds of the state legislatures calling for a Convention with three-fourths of the states required for ratification.

The Supreme Court has greatly stepped outside its bounds and has begun issuing rulings, that are new pieces of legislation(see both rewrites by Roberts of Obamacare) or fundamentally alter historical institutions, like marriage, that owe their origins to the days before we fully established systems of government or codes of law.  This lawlessness and judicial tyranny needs to come to an end.

We have used the amendment process to the Constitution to fix bad Supreme Court rulings in the past; the 13th, 14th, and 15th amendments directly undo the Courts Dred Scott decision.  And it is time to do so again.

The Article V Convention applications have already been submitted to Congress by four states(Alabama, Alaska, Georgia, Florida) and application resolutions are pending and being debated in state legislatures across the country.