Friday, June 29, 2012

More Supreme Drama

Now that the hoopla about the Supreme Court making a historic decision is over (at least for the moment) we can examine a few things.

Last post I talked about some things of historical record about the SCOTUS.  This is a continuation of those ideas. 

One of the powers that most people believe the court has is called Judicial Review.  That is, the theory is that the court can be asked to rule on the constitutionality of a law that has been passed by both the House of Representatives and Senate and then signed by the President.  If you go scrounging around in the Constitution looking for the enabling paragraph for this power you won’t find it.  It simply is not there.  The SCOTUS took this power to itself without a serious challenge even though the founding fathers NEVER intended to grant this sort of power to the high court.  Judicial Review needs to be legislated against since we have allowed precedence to build up from the first day the court took on this power.  The SCOTUS has put itself in the position of the ruling Kings and Queens of the country and it is just plain wrong.  As the court has become more politicized during the last several years and certain members have slipped in their ability to even approximately follow the concept of Judicial Restraint (notably Justices Scalia, Alito and Thomas) this has become apparent.

The court answers to the other two branches of government but has worked to distance themselves from any controls.  Impeachment is not a useable tool since it takes such a large number of Representatives and Senators to bring this about.  If Congress passes law and the President signed and We the People do not like what they did we need to vote those folks out of office AND elect people that will do what WE want.

Now, we can push the one idea that makes political sense in depoliticizing the high court.  Elect Presidents that act in a less political way when appointing justices.  Push for reform, as a matter of law, through Congress.  That is, money out of politics, establish federal restraint for the high court as a matter of law and other similar ideas.

On a separate note the fight is now to be engaged for keeping ObamaCare.  That’s right, the fight starts now.  The Right-wing has now declared that there should be a revolution.  Seriously, that has been the war cry from the right almost minutes after the decision was announced.  The money will come pouring into the Right-wing coffers will likely be astounding.  Already the lies have started, for example, the fear mongered warning that there would now be a 3.8% on the sale of your home.  This is nonsense.  Put your back into it and go to Snopes to debunk this for yourself.  IF you make more than $250,000 per year (tax bracket in the 15% range) you will be taxed an additional 3.8% on your investment income… not on your house.  This misdirection and dis-information is typical of the formation of lies to push you to the Right.  It is just another lie based on low information input.

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