Going forward following the passing of Justice Scalia, we should hope less about a President with conservative credentials and more for a sensible one who won’t allow the Supreme Court to use its decisions to wield more power than the Executive and Legislative branches of government. The founders didn’t create the Constitution to balance power between the three, as the Supreme Court was never intended to be as powerful as either of the two real branches of government; in simple terms, that’s phony revisionism, which is actually subversion. The court is supposed to be the court of final appeal, not the arbiter of the Constitution, which was written precisely to prevent its subversion. As the nation has witnessed in just the past few years, the SCOTUS already wields too much assumed power to the detriment of the will of We The People.
As much as we can loathe decisions like Obergefell and of course Roe v Wade, the fact is the courts for the most part err in the other direction; that is, they fail to strike down as unconstitutional horrors like Obamacare and gun control laws in the Democrat-controlled states like NY, CT, CA, etc. The Court is not the final arbiter of the Constitution – We the People are, but it can and should exercise the power of judicial review. The problem is that with the progressive liberal-leftist socialist DemoMarxists you get the worst of both worlds: the Court fails to strike down Obamacare and then turns around and rewrites the marriage laws in all 50 States; much to the chagrin of the overwhelming will of We the People who never ever seem to have the opportunity to vote on these pivotal issues by referendum; except when they do of course, they get smacked in the face by rogue black-robed executioners on the District/Circuit court systems who consistently write opinions against the will of We The People (Prop 8 California as a prime example).
Not to get too conspiratorial about conflicting reports surrounding the cause of Justice Scalia’s demise, it wouldn’t surprise me in the least if he was taken out (SCALIA FOUND DEAD WITH ‘PILLOW OVER HEAD’ – DRUDGE REPORT). Breitbart’s death was highly suspicious, and came right before he was about to release what he thought would lead to Obama’s defeat. The left is in disarray, they aren’t confident of winning with Sanders and Hillary, knowing that the next president will be appointing at least one justice, so they can ill-afford to have the Supreme Court go solidly to the right. Furthermore, there are some major cases coming up that are pivotal to the left’s agenda against which Scalia was the heart of conservatism on the bench and a thorn in their sides. It wouldn’t be the first time leftists killed key opponents who were impeding a lunge for power; there should definitely be redundant autopsies performed on suspected whack jobs, but we already know that no autopsy will be performed on Scalia.
And another point – To allow OBO the Clown Prince of Fools to appoint a “swing judge” liberal to the SCOTUS while in the middle of being sued by 38 states for executive order over-reach and writing his own laws from the White House on immigration and the EPA is absurd, not to mention a blatant conflict of interest; particularly when the EPA is being sued by half the nation! If he does nominate and Congress approves it, it will be the most blatant, egregious form of corruption this nation has ever seen and the military should get involved in shutting them ALL down; or better yet, the America people pour into the streets on our own Arab Spring (White Spring at the White House?) and remove the lot of them from power. Obama doesn’t get to choose his own judges while getting sued by half the nation’s governors on more than a few cases; doesn’t take a darned lawyer to figure that out!
In the meantime, condolences to Justice Scalia’s family while being reminded of his importance to the process of Constitutionalism. The concepts of individual liberty and government restraint have been under ruthless and constant assault for the past 8 years. Antonin Scalia could always be relied upon as a bulwark against those efforts. Now all we have to stand as a bulwark against becoming a full blown banana republic is – Mitch McConnell.
Let that one sink in for a minute.
Whether we acknowledge it or not, this past Saturday America took another step toward civil war with Scalia’s passing. It will probably occur when OBO the Clown Prince of Fools forces an unprecedented recess appointment. Then the court will try to force its hand on stripping away the right to bear arms. Then all we’ll have left to our disposal is armed resistance. Two state solution for Israel? We need one here in the Disjointed States of America now more than ever. Not a pretty picture. Damn frightening in fact.
Godspeed, Justice Scalia. You were a very bright light in a dark time and you will be sorely missed.
Bruce Walker, American Thinker, one of the first to comment …
Congress has frittered away virtually every constitutional power save one: the power of the Senate to deny presidential appointments to the federal bench. If Senate Republicans expect conservatives to ever trust them on anything, then they must decline to consider Obama’s nominee to replace Justice Scalia.
There is precedent for this. In 1968, when Republicans were a Senate minority possessing only the power of filibuster, Everett Dirksen prevented Lyndon Johnson from appointing Associate Justice Abe Fortas to replace retiring Chief Justice Earl Warren and then appointing Homer Thornbury to take Fortas’s seat as an associate justice.
Senate Minority Leader Dirksen did not run the Senate or control any Senate committees. Republicans, in fact, held only 36 Senate seats, and several of these were leftists. Yet Dirksen was able to cobble together enough senators to prevent Johnson from filling a Supreme Court office during a heated election year. The left, of course, squealed and yelled, but it lost, because Senate Republicans and a handful of Senate Democrats stood firm.
If Everett Dirksen, who was only a moderate conservative holding a very weak hand, was able to thwart LBJ, who had been Senate majority leader before he was vice president and who knew all the ropes and all the tricks of the Senate, then Senate Majority Leader McConnell clearly has the power to do the same.
In fact, all McConnell and the Republican leadership have to do is to decline to consider any nominee appointed by Obama. State clearly that the Senate is exercising its constitutional power and, unlike Obama who presumes powers he does not have, that the power to confirm or deny a presidential appointment is at the heart of the Senate’s control of the Executive Branch.
This is also crunch time for any candidate for the Republican presidential nomination. The argument is quite simple: the presidency and the Supreme Court threaten to overwhelm all other parts of our constitutional system. Let the American people this November decide who will pick the next Supreme Court justice.
Continue reading: Don’t Let Obama Fill Scalia’s Seat…
Daniel Greenfield, FrontPageMagazine: Forcing Senators NOT To Approve Obama Nominee
Thomas Lifson, American Thinker: Dems in Senate passed resolution against election year appointments
Weekly Standard: Dems Fundraise off Scalia Death
David Catron, American Spectator: Will Religious Liberty Die With Scalia?
Blake Neff, Daily Caller: In 2007 Chuck Schumer Called For Blocking Bush Nominations