Posted on 07/27/2009 3:15:02 PM PDT by Jacquerie
America has turned from the most representative form of government to a de facto judicial tyranny – Mark Levin, Men in Black
If you wonder:
Why you pay a high income tax rate while almost half of the population pays little or nothing.
Why you can publicly burn an American Flag but cannot distribute pro-life leaflets within one hundred feet of an abortion clinic.
Why illegal aliens get welfare benefits, public schooling and even civil service jobs.
Why killing an endangered species lands you in prison while murdering a partially born human is a “right.”
Why saying “God” in much of the public square is unconstitutional.
Why the RKBA is not uniform across the US.
Why the rules for college admission and municipal job entry criteria hinge on race.
Why execution of convicted murderers can take over 20 years.
Why judges, rather than your local representatives can determine your property tax rate.
Why you must be careful in the fashion you choose to criticize a politician within 30 days of an election.
Why captured Al-Queda irregulars can contest their detention in a US court.
Why morality alone is insufficient reason for legislation.
Why homo marriage appears to be on the fast track to a Constitutional right.
Why our elected branches apparently don’t care one way or the other if the laws they pass are Constitutional.
The answers rest with nine unelected appointees for life. How did we get here? Why is there a very “long walk” between the relationship of the branches of the federal government of the early 19th century and today? I lay much of the blame with the Supreme Court of the United States (Scotus).
The only branch of government designed from birth to be above politics evolved into a brazenly political entity where fuzzy feelings totally unconnected to our Constitution and traditions replaced logic and precedent.
Our system of check and balances did well enough until the second term of FDR. With the notable exceptions of the awful 16th and 17th Amendments, one could say the basic framework and philosophy of our early Constitution were safe until 1937.
On February 5th 1937, FDR announced the Federal Court Reorganization bill, aka his court packing scheme to overwhelm the justices who found unconstitutional much of the New Deal laws of his first term. Scotus got the message, as their next decisions soon after reflect.
To the libtards, rinos, and occasional Kos-clowns who frequent this forum, I say “congratulations,” you have won. You jerks can be proud of what like minded counter-revolutionary “progressives” have done these past 70 years to ravish and corrupt the most perfect governing document ever devised.
Here is a judicial synopsis of your abuses:
1937 West Coast Hotel Co. v. Parrish March 29. Scotus upheld state minimum wage laws. Nationwide minimum wages and maximum hours were addressed with the Fair Labor Standards Act of 1938. Various attempts to establish state minimum wage laws were found unconstitutional over the previous thirty years. One reason was concern that maximum wage laws would likely follow.
1937 National Labor Relations Board v. Jones & Laughlin Steel corp. April 12th . Congress has the power to penalize corporations engaged in interstate commerce that discriminate against unionized employees. The interstate commerce clause thus became the weapon of choice to grant unenumerated powers to Congress.
1937 Steward Machine Co. v. Davis May 24th .The court upholds a challenge to Social Security. In a feint worthy of Houdini, Scotus is sold on the argument that Social Security is merely a tax on income. Public support derives from grandfatherly FDR explaining it as a benefit to keep senior citizens out of abject poverty. Transfer payments from one individual to another, laundered through government, a concept viewed with horror from early colonial times becomes law of the land.
Amity Shlaes explains the sale of Social Security very well in her bestseller, “The Forgotten Man.”
1942 Wickard v. Filburn. This decision blew the commerce clause to pieces. Farmer Filburn raised a little wheat on his dairy farm. A portion went to feed livestock, some was ground into flour, some saved for next year’s seed, and some was sold. All of his sales or use of wheat occurred within Ohio. His wheat production exceeded the quota established by the Agricultural Adjustment Act of 1938 and he was fined $117.
Scotus found that his in-state use and sale of wheat affected interstate commerce and was thus subject to federal regulation. A professor of law said the decision couldn’t pass the “giggle test,” and noted that just about anything could therefore be regulated by the feds.
That is exactly what happened.
1947 Everson v. Board of Education. Scotus decision that established an anti-religious sentiment. Justice Hugo Black wrote the majority opinion which included the now infamous “wall of separation” nonsense between church and state. I want you libtard lurkers to know that two days after Jefferson wrote his letter to the Danbury Baptists, he attended church services in the House of Representatives. To you clowns I suppose it proves that our Founders were hypocrites.
A solid Democrat, Hugo Black, like Sen. Robert Byrd was a member of the KKK. He despised Roman Catholicism.
1961 Poe v. Ullman.This is a precursor to Roe v. Wade. Justice Harlan wrote that he found it an intolerable invasion of privacy for married couples to be denied contraceptives by Connecticut state law. Harlen didn’t have to think too much to come to his faulty conclusion. The ACLU amicus brief thought it out for him.
The suit was dismissed because the plaintiffs represented by Planned Parenthood did not have the law enforced against them. Harlen’s comments however, provided the springboard for subsequent suits.
1962 Engel v. Vitale, The Leftists got what they were really after. State sponsored prayer in government schools is outlawed in a controversial and dubious decision that was at odds with American history. If there was any doubt that professing one’s faith was no longer a God given right, the 1992 decision Lee v. Wiseman banned high school invocations and benedictions. Justice Kennedy found Constitutional protection for non-believers from “public pressure as well as peer pressure.” Thus, Scotus invented the right to not feel uncomfortable because of public expressions of faith by others.
By such reasoning our Declaration of Independence may not be taught because it contains the phrases, “Laws of Nature and Nature’s God,” and “. . . endowed by their Creator.”
1965 Griswold v. Connecticut. Justice William O. Douglas writing for the majority, struck down the Connecticut law prohibiting the sale of contraceptives. He wrote that “specific guarantees in the Bill of Rights have penumbras formed by emanations from those guarantees that help give them life and substance.” In other words, “I feel the law is unjust and I had to blow smoke, lots of it to justify my BS.”
For reasons probably dealing with credibility, the court never used the laughable, “penumbras formed by emanations” slogan ever again.
1972 Eisenstadt v. Baird. In this case a Massachusetts law restricted the sale of contraceptives solely to married people.
As Mark Levin wrote, “A major Supreme Court decision rested on a naked assertion of opinion instead of legal reasoning. Nowhere does the Constitution require married couples and single people be treated the same where contraception is used.” He further wrote, “A mere five justices are now able to substitute their personal judgments for those of Congress and every state government in the name of privacy rights.”
1973 Roe v. Wade. The pinnacle of Leftist brutality and contempt for our Constitution and God given rights was passed 7-2. That this judge made law is a contradiction to God’s Law, millennia of western civilization, and our Declaration of Independence is evident almost 40 years later by the passions it stirs in an otherwise normally complacent people. How many? 40 million?
Few people have read the decision. It is a difficult trek. Justice Blackmun wrote it. He wanders through the history of abortion, talks to doctors and even visits the Mayo Clinic library for medical opinions. More smoke and zero Constitutional logic is covered with such terms and words as “deep convictions, exposure to the raw edges of human existence, population growth, pollution, poverty, personal privacy, ordered liberty, family relationships, racial overtones.” He found the roots to abortion cleverly hidden under the 1st, 4th, 5th, 9th and 14th Amendments. Who knew those Founding Fathers were such pranksters?
In an astonishing leap, Blackmun “declared that the unborn child was not a “person” under the 14th Amendment and thus had no equal protection rights.”
1978 Regents of the University of California v. Bakke. A narrow pretzel logic decision that cleared up nothing and gave a big push to preferences based on race. Justice O’Connor made it clear that race conscious admission policies were subject to time constraints and could only last until the goal of diversity was attained.
1982 Plyer v. Doe After a series of rulings that ignored the plain language of the Constitution and early 20th century precedent, Scotus disregarded the financial burden of children from millions of illegal aliens on local school systems. Even after the Court acknowledged no Constitutional right to public education, Justice William Brennan wrote that cost alone was no reason to deny illegals a public education.
1992 Planned Parenthood v. Casey. Justice Kennedy provided the swing vote to uphold Roe v. Wade. He penned an updated version of penumbras/emanations with his now famous, “At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.” Uh, yeah dude, that was deep.
1996 Romer v. Evans. A Colorado constitutional amendment which banned inclusion of sexual orientation in civil rights laws is declared unconstitutional. Justice Kennedy assumed that millions of Coloradans were homophobes and the amendment served no legitimate state interest.
2000 Stenberg v. Carhart. Scotus struck down a Nebraska ban on partial birth abortion. Under this stretch of implausibility a 90% born baby has no equal protection rights. This is barbarism cloaked in Constitutionality.
2003 McConnell v. Federal Election Commission. Upholds most of the McCain-Feingold Incumbent Protection Act, an outrageous assault on our 1st Amendment free political speech rights.
2004 Rasul v. Bush. Foreign enemy combatants, two Australians and twelve Kuwaiti citizens were captured by US forces. For the majority, Justice John Paul Stevens wrote that they had the right to petition federal courts to review their status as detainees. The presence of the soldiers who captured them could be required in US courts.
2005 Kelo v. City of New London. Adios 5th Amendment. Your private property can be taken from you and given to another private party.
Most of this post is lifted partially or whole from Mark Levin’s Men in Black. I think it is the equal to his widely read “Liberty and Tyranny.” Ping me if you think I missed any important decisions.
BTW get ready for Scotus to inform us that homo-marriage has always been a right. The odds are high that it has been hiding under a few amendments. We Conservatives have just been too stupid to notice.
Scotus ping!
Good job!
We do not question our betters, do we?
Most men of any self examination, and of sound mind would consider themselves a fool, to think they may improve and modify the United States of America’s Constitution.
It seems obvious, most laws made today are made for selective enforcement,self gain, political party power,and are destructive to our founding principles!
May our God grant us power to remove all men and women, and put in peoples of conviction that is good for our nation.
Black collar crime is what we used to call it here.
Is he your 'better?'
Not by any measure that comes to mind. Did I really need a </sarcasm> tag?
read later
Not really, but you tend to be quite contrarian at times ;o)
*ouch* guilty as charged...
It’s a list like this that makes me wish we had the Cajones to try/hang-on-conviction the supreme court justices for: acting under the color of office, acting under the color of law, and perhaps [though it might be harder to prove] treason.
The absolute disregard for logic, or the law (as in Keelo v. New England), is astounding.
Thanks for the ping!
Agree. I recently began to study the Natural Law roots of our Founders' philosophy. It is impossible to understand the Declaration of Independence and Constitution without a basic understanding of how they viewed our unalienable rights. I doubt there will ever be another time when men get together to craft a more perfect document that is in such harmony with God's Law.
Thanks. I hoped for more posts, but at least I now have a list of Leftist Judicial outrages.
It was a worthwhile thing to do.
“......in harmony with God’s Laws.” Very well put.
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