Sunday, February 14, 2016

Supreme Court/Justice Scalia


Since the death of Justice Scalia all we hear is who will Pres. Obama nominate and what type of potential justice will he select?  If we listen to the democrats, it must be a liberal and it must be done immediately since we cannot have decisions that would be 4 vs. 4.  As if they already know how the present justices will vote.  The republicans want the nomination be delayed until the people vote a new president and that new president will nominate a candidate after January 20, 2017.  Both parties present good arguments according to their ideology.  The democrats believe that the constitution is a living breathing document and that the courts can change or alter the constitution.  The republicans believe a conservative should be nominated and the constitution should be interpreted as written and any changes to the constitution must be through the amendment process.  This was the position of Justice Scalia and our Founding Fathers. 

We now know how forward thinking our Founders were when they put the constitution together.  They knew if they did not put in the constitution the amendment process, we would not recognize the document today as the party in power would change the constitution according to their ideology of their time.  This is what our Founding Fathers wanted to prevent and yet over the past 60 years we have seen both political parties trying to manipulate the system. 

The person appointed to the Supreme Court must be one who believes in the constitution as written and all cases presented in the Supreme Court must be decided according to that constitution.  This justice must also understand the Federalist Papers that defined why the constitution was written as it is and why it can only be changed through the amendment process and not jurist prudence. 

What we have is one side wants to change to constitution to a liberal/socialist/Marxist form of government and the other side wants the constitution interpreted as written. 

Contrary to what you may be told, our country is in a crisis and if we do not have a justice appointed that believes in the constitution as written, we will cease to be a Republic form of government that will result in our president, whoever that may be, becoming a dictator and our constitution only important to the party in power as they will pick and choose what part of the constitution they will comply with.  In fact, Congress will become obsolete. 

The Senate has the power to accept or reject the president’s appointment after senate hearing and the president has the authority to keep proposing a candidate until the candidates becomes acceptable.  The president should be encouraged to submit a candidate that would be acceptable to both parties.  The big question, is, will the president place ideology over the constitution and destroy this country or realize that this decision will have consequences that even he will not control. 

The only way to get an accurate idea on any candidate is reviewing that candidate’s decisions and writings that would give an insight to how he views our constitution.  The constitution must be preserved or we will not.


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