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| Opposition by Sebastian Ferreira |
THE SUPREME COURT DOOMED
Judicial Review is Unconstitutional
July 9, 2018
By David Arthur Walters
The President of the United States is about to announce his selection of a new justice to sit on the Supreme Court of the United States. His decision, based on blatant ideological prejudice, should be heeded by all because it is intended to convert the Court into a sort of Star Chamber that would undermine the liberty of American citizens for decades to come.
The Supreme Court is the final and therefore “infallible” arbiter of constitutional questions as far as practical lawyers are concerned. After all, practitioners say, and like it or not, right or wrong, due process today provides no body to appeal to from its crucial constitutional decisions. That might be a constitutional council, or the elected legislature, which should know best the meaning intended by its legislation.
The catchword of the pseudo-conservative faction, which would reverse the traditional progress of civilization to universal freedom in order, is “originalism” instead of “strict construction.” But the Constitution does not originally provide the supreme federal court with the supreme power of judicial review that it fashioned for itself in resistance to the otherwise sovereign wills of the several confederated states.
Exalting the supremacy of the Constitution’s “supreme Court” over the legislature is in itself unconstitutional. The Constitution provides Congress with the power to regulate and take exceptions to the Court’s appellate jurisdiction, conserving the ancient tradition of legislative sovereignty.
Sovereignty in this democratic republic was intended to reside in the people, not in a tyrannical oligarchy of less than two handfuls of unelected jurists appointed for life on good behavior. The goodness of that behavior now depends on ideological prejudice instead of impartial inferences from facts, and the impartial interpretations of law that become part of the law.
The so-called conservative temperament dominates the political climate today. The President and his fair weather friends in the Senate would have that mood dominate the arising generation.
The “conservative” mood is fear. The pseudo-conservatives among the ruling elite today would not courageously conserve the basis of liberty and order by loving and caring for the human race and therefore one’s own social self. They would rather throw up concrete and steel walls and isolate themselves with an irrational ideological wall because they are afraid of themselves, afraid that what they would like to do unto others not like them might be done to them. And so it shall be done unless we can save them from themselves and ourselves to boot.
Hypocrisy, the underlying crisis of our nature as moral beings, that our deeds fall short of our ideals, is crucifying America. The beacon on the hill sheds an ever more intolerant light as impious politicians, who religious think they are right, but whose policies are immoral and evil, represent the culmination of the divorce of morals from politics.
So-called conservatives claim to conserve the ancient virtues of the founders of Western culture, although they have not read the original texts and studied their historical contexts, but nothing could be further from the truth unless virtue is merely the enslavement of the many by the militant nobility or “known” people, the rich and famous few, whose viciousness has been notorious since time immemorial.
Today’s conservatives are presided over by a pathological liar who said truthfully that he could murder a man on the street and nobody would care. He groped women at his leisure and consorted with prostitutes with impunity. Women bring other powerful men down from their perches for doing the same thing, yet “republican” women would fain prove that the president is the king of beastly men.
It seems ironic that some of the fairest members of the fair sex would admire the “blonde beast” and fly him to Valhalla. It has been well said by many historians that the progress of civilization is evident in the degree of liberation of the weaker sex from brutes. Yet how is a race conserved if males are feminized and adultery and groping criminalized?
It is no wonder that females tend to love rich and powerful men the most. Men of substance might beat them from time to time and cheat on them yet would wallow them in luxury and protect them from mass mauling not to mention starvation. They surely love themselves enough to understand that, and to submit instead of winding up with an intellectual loser in a suburb somewhere.
Fathers want to know who their children are. To that end their females must be owned lock, stock and barrel. And they want the national to have plenty of cannon fodder to protect their way of life on top of the estate.
So conservatives want abortion to be abolished and even criminalized again because wombs must be private property of men. Indeed, people’s heads are between their legs: The current struggle over ideological domination of the highest court in the land, other than the court of impeachment, is over ownership of wombs, and over the disposition of genitalia feared by homophobes.
Alright, so a man must dominate his family, therefore a president should dominate the nation. Pseudo-conservatives do not preach liberty and justice for all regardless of race, color, creed and national origin. They preach the nuclear family, and they do that while tearing children from their mothers’ arms and losing them in detention centers in order to frighten persecuted people from finding shelter in America.
The vested interests are right to fear for the loss of their enormous wealth for they have no natural right to it although they use the phrase “natural right” to cloak the unfair distribution of property they have managed to legalize for themselves pending the next revolutionary redistribution.
Now that the economy is going well thanks to the administration that saved it from the last effort to destroy government; now that the coffers are so flush with cash that companies do not know what to do with the surplus except to buy back stock; now that multimillionaires and billionaires engage in the most wasteful extravagances as people applaud in hopes they might get rich quick;—Caesar and his minions throw out temporary tax break scraps to the population while shoveling out more permanent breaks to their wealthy peers.
The “conservative” president’s faction does all that while scrapping social welfare programs that poor, weak, defenseless people depend on, many of whom have worked many years to enrich capitalists, who have defended the nation, who have even unwittingly voted for the forces destroying democracy.
And now this faction would stack the Supreme Court for decades to come to perpetuate principles that at one time were decried as deadly sins. Unfortunately, many people do not understand that the supreme power it enjoys is unconstitutional, that composing a court ideologically one way or the other so that prejudicial doctrine determines justice in particular cases is foolish, and so is the regressive effort to divide the world into rich and poor.
Ideology has become idiocy and an idiotocracy is being established in America as we speak. This is a prophecy of impending doom, rendered only so that it may be forestalled. America was great before the advent of the primitives, and it may be even greater than great, very, very great, even hugely so, if we conserve what made us great.
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