GunnyFreedom
Member
- Joined
- Nov 28, 2007
- Messages
- 32,882
I'm of the opinion that the SCOTUS has been responsible for much of our decline.
We are a nation of laws. We follow the rule of law. The SCOTUS is the law of the land.
Just in doing research on some of my areas of interest, none of which is the SCOTUS, I've seen how that body has been instrumental in steering us away from the Founders' intent. One of the problems is that convoluted precedents are used as the basis for justification for further bastardization of our Constitution.
The SCOTUS, with Chief Justice Salmon Chase, in 1869 ruled that secession never happened and could not happen; that all the seceding states were in rebellion. This, while in 1867, Chase advised that Jefferson Davis not be tried because secession was not rebellion.
Social Security was sold to the people as insurance, yet became a tax due to a SCOTUS ruling. ObamaCare is much the same.
A minimum wage law was struck down by the SCOTUS in the 1920's, but was later implemented in the 30's under Roosevelt. This shows just how susceptible the SCOTUS is to political influence. Even now one of the biggest reasons for voting for a given 'lesser of 2 evils' is the prospect of who they may appoint to the Court.
The SCOTUS determines what is Constitutional. The SCOTUS is not above politics; it is the ultimate brass ring of power for a political party. This, IMO, is the wellspring for the failures of the Constitution.
But of course, that happens because of a perversion of intent in the first place. The Constitution never gave SCOTUS judicial review. If we are going to have any hope of revoking the falsely claimed power of judicial review, then we have to work from the roots up to emplace a majority of strict constructionists.
Also, I did want to add that if we had the ability to consistently put strict Constitutionalists up for general election, we may be surprised at how well they did. Although Paul was correct that the fundamental problem is a loss of popular morality, the effect of that has been multiplied by a two party duopoly that almost never gives the voters anything that they actually want in a General Election.
Sure, we will never have majorities until we have reversed the trend of declining morality amongst the American people. That much is clear. However, if we had a fair electoral system, we'd own a heckuvalot more right now than 5%, this I guarantee. So part of the problem is the illicit partisan duopoly restricting potentially popular choices from the General ballots.