Scalia Dissent: I write separately to call attention to this Court’s threat to American democracy

Supreme Court.gov ^ | 26 Jun 15 | Antonin Scalia

[Cboldt]

-- In a horrific week for American jurisprudence ... --

The courts have been at this sort of thing for longer than my 60 years of life. All that changed this week is more people see the charade.

[SunTzuWu]

Bookmark.

[Cheerio]

If Scalia quits or otherwise leaves SCOTUS, the game is over. Point, set, match.

Why are you putting a qualifier on it? The game of self-governance is indeed over when we elected the American Pop Idol Barry Hussien Soetoro to fundamentally transform America. He has been wildly successful, especially with his two appointments to the SCROTUS - which the GOP could have stopped had they found their gonads. I am done with the GOP which shares equally in this unconstitutional transformation of America.

[Jacquerie]

Absent the 17A . . . these Judges would never been on the Supreme Court.

That is too deep a concept for Stage I (per Thomas Sowell) thinkers to understand. They likewise cannot comprehend the solution to an out of control Scotus.

[Batman11]

pfl

[wastedyears]

“American democracy?” What’s that?

[ilovesarah2012]

Panama Rejects Same-Sex Marriage

by pa.di. • May 15, 2014

http://www.thepanamadigest.com/2014/05/panama-rejects-same-sex-marriage/

I seriously wish I could move there.

[wagglebee]

A system of government that makes the People subordinate to a committee of nine unelected lawyers does not deserve to be called a democracy.

That's it in a nutshell, we've officially become an oligarchy.

[veracious]

Hear ye, hear ye, we the assemble free persons, do recognize that Justice Scalia a highly courageous and just man. May he be endowed with great strength and protection by his creator, YHVH. Amen.

[xzins]

I remember deploying there a number of times in the late 80’s. The briefing we received always discouraged men from wearing shorts. Said the locals looked on it with disfavor.

[ForYourChildren]

Time to push the reset button and start over. We really haven’t had a constitution that has been followed as law since at least FDR. And this just finishes completely.

Constitution convention. Call the states together, let’s get started.

---

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.—That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, —That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.—Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

....

[Chatlee]

Well - on the brighter side: They did bring us GWB in Bush v.Gore.

[xzins]

A Convention of the states might be a hail mary pass, but it’s the last round in the chamber. Might as well fire it.

[Mariner]

Too bad he did not write this perfect logic about Obamacare and the written law.

[lapsus calami]

 

 

The legislative process in this nation is overthrown and TRUE civil rights are on the way out. The queers are already spiking the football and rubbing our noses in it all over the internet, showing that this is far from over yet. There's more destruction to come. The floodgates are now open for every leftist agenda to surge forward with confidence.

 

 

[xzins]

He did. Have you read it? It was also scathing.

[concerned about politics]

A day of recoging WILL come to the left, and when it does, I will smile gleefully.

It won't be long before every left wing "victim" group will start to consider all the other left wing "victim" groups to be the "villains." They'll eventually start to devour each other. Every "victim" will want to be the top dog of "victim-hood."
"See-ers" say what we see in the movies becomes the future. Now we know why there's so many Zombie films being made. The Zombies are the left wing "victims" eating all the other left wing "victims" in a quest to be the most victimized group of the day.

There's going to be weeping and gnashing of teeth.

[Bluewater2015]

It would never get the votes required. The country is now majority leftist. Sorry, that’s the way it is. As such, rightists are enemies of the state

---

—
That’s true, but we still have a 3 factors in our favor.
1. They’re concentrated in a limited geographical area. The northeastern US and mid-Atlantic, parts of the rust-belt Midwest, and the Pacific Coast. We have the South, Texas, most of the Midwest and Rocky Mountain states. That’s a huge conservative population with a lot of real estate and resources
2. Most of the military hails from the latter areas.
3. In the era of 24 hour news, governments are loath to use force, which we may have the advantage in (see line 2.)

So, maybe it’s time to make a break for it?

[TheDon]

I think he did, if you read this in conjunction with the Obamacare decision yesterday. He has said that the court has grossly violated the Constitution in fundamental ways as to amount to a kind of tyranny. He can't, as a sitting justice, come right out and call for nullification, but those are the essence of his words.

Response from the Republican controlled Congress? ....

Bueller? Bueller?

[stillonaroll]

Scalia, brilliant as ever, nails it:

No matter what it was the People ratified, the Fourteenth Amendment protects those rights that the Judiciary, in its “reasoned judgment,” thinks the Fourteenth Amendment ought to protect. That is so because “[t]he generations that wrote and ratified the Bill of Rights and the Fourteenth Amendment did not presume to know the extent of freedom in all of its dissenting dimensions . . . . ” One would think that sentence would continue: “. . . and therefore they provided for a means by which the People could amend the Constitution,” or perhaps “. . . and therefore they left the creation of additional liberties, such as the freedom to marry someone of the same sex, to the People, through the never-ending process of legislation.” But no. What logically follows, in the majority’s judge-empowering estimation, is: “and so they entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning.” The “we,” needless to say, is the nine of us.