Wednesday, June 27, 2012

Supreme Court Insanity


For some reason we tend to think of those in the Supreme Court as being intelligent and the font of common sense, but the contortions one has to go through to justify some of the things they say is amazing. Consider the Supreme Court ruling that opened the doors wide to give the federal government the ability to regulate virtually any commerce whether interstate or not. It centered on a man growing wheat on his own land for himself. Well of course this would affect interstate commerce if everyone decided to grow their own wheat and then didn’t need to buy any more wheat at all.

Now they say that you can’t stop an illegal immigrant from seeking employment. Now what kind of sense does this make? None! Any person with common sense can see how absurd this is, but I’m sure they have some ridiculous explanation for why this should be allowed. If they are here illegally then how are they protected in searching for a job? If they are not allowed to be here then how are they allowed to seek employed in a place they’re not even allowed to be?

Who knows maybe they are thinking about children of illegals. Maybe they are thinking that because the kids didn’t decide to break the law that therefore the law doesn’t really apply to them.

I can’t help but wonder what kind of decision they’re going to pass down on the Obama care situation. I can’t help but wonder if they won’t TRY to find at least something in it that should be sustained. At this point they ought to just strike the whole thing down and let the congress go back to work on doing something that is constitutional.

They have so expanded the commerce clause in the constitution that it would be hard for them not to allow it. Part of the problem is that they no longer look strictly at the constitution, now precedent is more important that the constitution itself. The Supreme Court is immune to what the people think. It is understandable this is so because they don’t want them making their decisions being based on whether they can get back in their office, but at the same time this is not a good thing because they can make decisions that will affect us for sometimes generations to come and there is nothing we can do about it. Once they make a ruling there is really no chance of overturning it. This is a good thing in the light of defending and protecting the constitution, but it’s also not a good thing in the light that if they don’t defend it but instead warp it there is nothing you can do about it.

It was interesting listening to some of what they wrote about their decisions and sadly it was more about how they felt for the poor illegal immigrants and their plight than it was about the constitution. Their job is to determine constitutionality based on the constitution not based on how they feel for the people that may be affected by that constitution or the laws of the land. This is part of the problem is that judges and especially the Supreme Court seems to have lost sight of strict adherence to the constitution. They are more than willing to stretch the meaning of any passage they find in much the same way that lawyers do rather than look for the actual meaning or intent of the founding fathers.

This is how we ended up with such an expanded view of the commerce clause. It is equally sad I feel that out of all the people we have in this great nation that these are really the best 9 people we could find to be the top judges of the land? Something is seriously wrong with that.

It should not be a comfort but a great concern when something like the 2nd Amendment gets upheld only 5-4 by the Supreme Court! We should simply be gland that it was upheld but we should seriously be questioning what was wrong with the 4 people that voted against it!

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