Supreme Court Hysteria

In the wake of Justice Antonin Scalia’s sudden and unexpected death, many on the right have gone into an absolute panic.

There seems to be this sense that the very fabric of American constitutionalism could tear in half depending on whom Obama nominates to fill the newly created vacancy on the Court. It’s the “we have to elect a Republican to get ‘good’ judges on the SCOTUS” hysteria on steroids.

People seem to forget Justice Roberts counts among those “good judges” nominated by Republicans. He was so good he turned a penalty into a tax back into a penalty to “constitutionalize” Obamacare.

Scalia was certainly one of the best justices on the court in terms of reading the Constitution through a conservative lens. But that’s like talking about the best way to have your head pushed into a pile of poo. One guy might be a bit gentler about it, but your head is still in poo.

The truth is, the fabric of American constitutionalism was shredded long ago. Scalia followed precedent, and most of it is wrong in terms of the original constitution. It’s like working an algebra problem thinking 2+2=5. Even if you work the problem correctly, you’re still going to come up with the wrong answer. Your foundation is wrong. Scalia wrote some decent opinions, but by and large he allowed erroneous precedent bind him.

Even the “best” Supreme Court judges you could hope for will always get many things wrong because they accept the opinions of past judges who drastically expanded federal power through bastardizations of the commerce clause, the general welfare clause and many other constitutional provisions.

The Supreme Court is not going to protect your rights. It is not going to limit federal power.

Not ever.

The SCOTUS wasn’t limiting the feds when Scalia was on the Court and it won’t with him gone.

The Supreme Court is part of the federal government. The justices are federal employees. They are politically connected lawyers who have worked their way through a federal system that views itself to be supreme in all ways. They are all federal supremacists. Expecting these people to ever rein in federal power borders on insanity.

We need to stop.

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2 Responses to “Supreme Court Hysteria”

  1. JeffFebruary 18, 2016 at 10:08 pm #

    Not entirely true, the fear over loosing Scalia, he was the only Judge, on record, that declared the Constitution was to be interpreted exactly as written it was not a living document, as such and because of that anyone who believes in the founding principles of our Country should be terrified in his lost. As far as the judges that are selected they may or may not be politically motivated, Justice is supposed to be basically blind and again that’s what made Scalia a jewel.

    • Michael MaharreyFebruary 18, 2016 at 10:23 pm #

      He believed in following the Constitution as written, except when he didn’t. He voted with the majority in the Raich case holding that the feds could regulate six (marijuana) plants growing in your back yard under the auspices of the commerce clause and his concurring opinion reveals that he embraced the vastly enlarged definition of commerce contrary to the original understanding of the term. The fact is, he wasn’t willing to challenge well-established SCOTUS precedent, even when it conflicted with the original understanding.

      That said, I don’t deny he was the best justice on the Court. By and large, I liked his opinions. As a bonus, his dissents were generally pretty funny. But my point is that it really doesn’t matter in the big scheme of things. To say that I should be “terrified” at his loss seems a bit overwrought. I live in a country that can fine me for not purchasing health insurance. With all due respect, I think the “founding principles” are already in pretty much in tatters, largely due to actions of the Supreme Court. If you are sitting around hoping someday some great judges are going to ride in and save the day, you’re going to be sorely disappointed. Washington D.C. will never fix the problem. Ever. It is the problem. So we had better figure out some way to force change that does rely on some politician or politically connected lawyer in D.C.

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