Tuesday, October 13, 2020

Calculated Ignorance at the Capitol

The SCOTUS hearings going on in the US Senate are a prime example of thegnorance and deception that our elected politicians use to twist the psyche of US voters.

They ALL seem anxious to advocate for a Supreme Court that will actively engage in law making so they don't have to make unpopular decisions.
The United States Supreme Court, according to the US Constitution, is not a law making body. That is up to the legislative branch of government (House and Senate). The purpose of the Supreme Court is to interpret the law to determine its constitutionality. If they find a law that is in violation of the constitutional rights of Americans, they can throw it out or they can throw out the offending section(s) of that law. It's what the founders intended and I would note that some of the founders did not like the Supreme Court at all.
What is happening in Washington this week with the confirmation of the latest candidate for SCOTUS is nothing less than a circus, a very unentertaining circus. Both the Republicans and the Democrats want a Supreme Court that will either repeal or rubber stamp difficult legislation whether it is constitutional or not.
The primary concern of the Court in our nation should be whether our laws are in line with the supreme law of the land - the Constitution. There should be no other purpose in their deliberations.
If a law is unconstitutional on its face, it must be overturned and sent back to the Capitol for rewrite or death. If a section of the law in question is determined to be unconstitutional, it too must be sent back for repairs. It really is just that simple. There should be no activist courts. There should only be a determination of constitutionality.
Unfortunately, over the last 70 years, we have allowed a politicization of the courts that was never meant to be. I think the reason for this is that it's too much work to amend the Constitution. It's easier just to find people for the court that agree with the political positions of the majority at a given time and let them find penumbral rights that do not exist or constitutional authority for things that the founders never intended.
It all comes down to laziness really. If our legislators want to ensure that a law is not struck down as unconstitutional, they need to stay within Constitutional boundaries or amend our founding document to reflect the times we live in.
The American people are at fault here too. We want the people we elect to do what we voted them in for, but we do not want to hold them accountable , or if we do, we just elect someone else that will lie to us.
The agendas of the House and Senate are no longer our agendas, but we keep voting for them as long as they dish out the gravy.
I hate to say it, but I think the only way to fix the current brokenness is to flip the table and start again. If I recall my history, the French revolution was as messy as what they were overthrowing, but the Guillotine brought justice to the malignant narcissists that were governing France.
It might be time to create a more malleable legislature in the US by similar methods.

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