Thursday, June 25, 2015

Death By A Thousand SCOTUS Cuts

Today, the Supreme Court of the United States continued their diminution of the importance of the Constitution and the Bill of Rights. The Tenth Amendment explicitly reserved power not expressly granted to the federal government to the several states. This is no longer the case. Each state is now just a federal district and can no longer act independently. The states are no longer permitted to be subject to their constituents wishes, rather they must bend to the wishes of the puppet masters in Washington, DC. The Supreme Court majority has proven to be unelected legislators that serve for life and not jurists.

The 6-3 decision in the King v Burwell case has served to rewrite what laws mean. Now, using Chief Justice John Roberts' logic, we must ascertain the intention of a law, rather than the actual meaning of the words printed on paper. This quote came from CBS DC, quoting the Chief Justice(parentheses by me):

“Congress passed the Affordable Care Act to improve health insurance markets, not to destroy them,(He made that up)” Roberts wrote in the majority opinion. “If at all possible, we must interpret the Act in a way that is consistent with the former, and avoids the latter.(In other words, Justice Scalia was right, words me nothing)”
Roberts continued, “In this instance, the context and structure of the Act compel us to depart(make stuff up) from what would otherwise be the most natural reading(he's explaining he's full of crap) of the pertinent statutory phrase.”(Vomit) 

What the Chief Justice is saying is words don't matter. Frankly, this sets precedent to question the meaning of every law on the books by arguing that the intent of the law wasn't what the written words were supposed to mean. 

Justice Antonin Scalia, in dissent, wrote this:
"Words no longer have meaning if an Exchange that is
not established by a State is “established by the State.” It
is hard to come up with a clearer way to limit tax credits
to state Exchanges than to use the words “established by
the State.” And it is hard to come up with a reason to
include the words “by the State” other than the purpose of
limiting credits to state Exchanges. “[T]he plain, obvious,
and rational meaning of a statute is always to be preferred
to any curious, narrow, hidden sense that nothing but the
exigency of a hard case and the ingenuity and study of an
acute and powerful intellect would discover.”

A stronger or more effective destruction of a high court opinion, there has never been. Justice Scalia effectively called the six in the majority stupid and he would be correct.

Our republic is no longer just in danger but it is now, for all intents and purposes, dead. With the loss of the meaning of language and the loss of the protection from unconstitutional usurpation of equality before the law, there is little left for those that love liberty to hold fast to.

The only process left to reign in the federal government is the Article 5 Convention of the States to propose and ratify new Constitutional amendments. Term limits for congress, a balanced budget with exceptions and a plain language legislation amendment need to be added to the list of amendments to the constitution. Also, I'm in favor of repealing the 17th amendment that turned the Senate into a popularity contest instead of being the representatives of the actual interests of the states they are purported to serve. The 17th amendment was one of the original "progressive" amendments that started our country on the long road to ruin. The Senate was not intended to be just another, smaller version of the House of Representatives. It was intended to explicitly represent each state's interests in Washington DC. The House was intended to be the popular vote component to the government.

Mark Levin made the strongest case for the Article 5 Convention of States in his book, The Liberty Amendments. Contrary to the arguments made by some opponents of the Article 5 Convention, there can be no run away because the Convention is to propose amendments to then be give to all 50 states in order to consider ratification. Three fourths of the states must then ratify the amendment or amendments proposed. Short of this process happening and the protections of our natural rights being restored, the Republic is finished. The United States will likely not go away but it will cease being anything more than a larger version of a top down European socialist state.

Those of us that love this country, warts and all, and respect its founding must make our voice heard. Make those in the places of power uncomfortable to go against us. Absent the reforms that are needed to reign in the power of Washington DC, sadly, civil disobedience may be warranted. Violence is not the answer but abstaining from the Obamacare/SCOTUScare act may be a start. Network with those that are of like mind and make your voices heard. We have to make the conscious decision to resurrect the Constitutional Republic that we were meant to be and throw off the government that has become destructive as Thomas Jefferson so eloquently wrote in the Declaration of Independence.

   IN CONGRESS, July 4, 1776.
The unanimous Declaration of the thirteen united States of America,
When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.--Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States.
The tyranny is now being supplied by a government that has overgrown its usefulness. The government, especially at the federal level has become too big to be responsive to the consent of the governed and must be changed. This fight is one that must be fought and for the sake of liberty here, won.

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