Rule of Law: Appointing Supreme Court Justice

   Antonin Scalia (1936-2016) who passed in February was an Associate Justice of the Supreme Court of the United States and a scholar of law. He was appointed by President Ronald Reagan in 1986 and has been described as an originalist and textualist when it came to making decisions. His chief principle was that -

whether statutes or the Constitution itself, must be applied according to its text. ...judges should not apply the law based on what is good policy or what they suppose Congress may have intended (but did not express) in passing legislation. ^#

   Justice Scalia believed that the Constitution should be understood as it was when it was written. He also believed in jurisprudence and believed that laws are legitimized by the People.

   The major problem with the Supreme Court in place today is that its decisions are made with

...creative interpretation of the Constitution, a fourth characteristic of Justice Scalia's life work was a conviction that the rights actually guaranteed in the Constitution should be tenaciously defended, from the right of free speech to the rights of criminal defendants. Beyond these enumerated rights, Justice Scalia recognized that the Constitution's primary protection of liberty is its structure of checks and balances between branches and its division of powers between the federal government and the states. ^##

   One of the chief concerns of the next president in the first 100 days is appointing someone to replace Justice Scalia, hopefully someone in the character and constitutionalist demeanor of Justice Scalia and other great judges in our history. It is another reason why there should be responsible and constitutionalist senators in the US Senate, like Ted Cruz, who was ignored in favor of the populist, Donald Trump. Assuming that he wants America to “become great again”, he will have to be a constitutionalist and seek to restore that which has been lost and this will help by carefully selecting a non-political judge who is a constitutionalist and not a populist. Assuming, of course, that enough people are smart enough and not enough people cheat at the voting polls so that Hillary Clinton will not win and be prosecuted for her unethical and criminal behavior during her tumultuous career as a politician.

   The Supreme Court has been “stacked” with sociocrats for too long and has been part of the problem of the disappearing act of the “check-and-balance” system. Indeed, it is one of the reasons why Obama has been getting away with his flurry of unconstitutional executive orders for the past two terms. He has made changes and decrees without the majority vote of the Congress. The sociocrat justices have formed a group to undermine the Constitution and the principles set forth to protect it and the rights and liberties of the People. And, above all, provided a clear limitation of the power and authority of government and its three branches; which the Democrats, of which I call “Sociocrats” have ignored and undermined with the help of GOP RINOs.

   Two Amendments are in immediate danger in 2017 if the Sociocrats get their way: the 1^st and the 2^nd. The 10^th and the 14^th Amendment is also in danger, and has been for at least a decade. An example would be that the federal government needs to delegate authority over the federal parks to the state governments within their territories. Government should not “own” land anyway, and to say it is for the People is an affront to anyone's intelligence. A good example is the dispute between ranchers and the feds about charging ridiculous fees for grazing cattle on “public” (government) land, which they have been doing for generations. The economy ruined by that same government is hurting ranchers who are just as important as farmers in providing food for our nation. In both areas, the feds have imposed regulations, fees, and taxation that hurts them and causes unaffordable prices to consumers.

   If the next Supreme Court justice is in the frame of mind that Marxist Ruth Ginsburg or Sonia Sotomayor have been, reformation of the federal government will continue to be difficult and disappointing.

   Thomas Jefferson wrote in the Declaration of Independence:

… 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 …

   We the People have the right to vote, but within that right comes responsibility to carefully select who operates OUR government. This election year is crucial after two terms of a president whose legacy will be the worst president (thus far) in our history. The damage done in the past 90 years as the federal government progressively went beyond its constitutional limitations, We the People are the gist of who should be blamed. True, along the way, elections have been corrupted; but the gist of the problem is that too many voters think they are choosing a game show host instead of a president.    

  On the rare occasion that a constitutionalist appears, they ignore that person in favor of the populist – and they have not learned any lessons from their continual failures.

   If We the People want a constitutional government operated by sincere and responsible people in major reformation, we need to reform ourselves first. We need to reeducated ourselves because the sociocrat controlled education system sure isn't going to focus upon constitutional studies. We need to be wary of the Marxist media that has become so powerful and corrupt that they actually are choosing the candidates, not the People. And that is because too many people trust that same media venue.
  Let us hope, for the sake of our nation, that Hillary does not win in November and that Trump proves to be all he has promised his supporters. Let's hope he has more respect for the Constitution than previous presidents.

-FOOTNOTES-

#- Source: Alan P. Kirby, Center for Constitutional Studies.

## - Allan P. Kirby, Imprimis, Volume 45, Number 7/8, page 2.