Supreme Court Doesn’t Understand the Constitution
When the Supreme Court ruled in the 2008 case of Kennedy v. Louisiana, they legislated from the bench, rather than interpreting the law in relation to the Constitution. They ruled in the case that created a new right to rape a child without fear of the death penalty.
They used the Eighth Amendment prohibition of "cruel and unusual punishment" to come to their decision, which brings into contention the legality of the death penalty in any case. The Court used a "new societal consensus" to justify its ruling. What has a societal consensus got to do with the Constitution?
The Congress had recently passed a law that imposed capital punishment for certain child rapists. Those justices in dissent with the majority stated that the decision was based on "the Court's 'own judgment' regarding 'the acceptability of the death penalty,'" no matter what the people's elected representatives enacted. This is a plain and blatant violation of the constitutional role of the Court in usurping the power granted to Congress and a grievous application of the Eighth Amendment in the Bill of Rights.
The purpose of the Bill of Rights is clearly stated in the Preamble. Congress recommended amendments to the states because several states, when the Constitution was offered for ratification, "expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added." The Bill of Rights was added to restrict the federal government because of fear among the citizens of the new federal government. The principle of self-government, federalism, was made explicit by the ten amendments in the Bill of Rights.
In the early years of our nation, there was general understanding that the Bill of Rights was a limitation onthe federal government alone, not the states. Beginning in the early 20th century, the Progressives believed that the power of the federal government was unlimited and the Congress, Administrations, and the Courts have stripped the Bill of Rights to the point that it is generally meaningless as a limitation on federal power.
THE RUNAWAY TRAIN – 2009 Edition
The first year of the Obama administration and the ultra-liberal Congress has ended on a high note from their own insular perspective. Those of us Americans who love liberty, self-reliance and personal responsibility see it quite differently. The TARP, stimulus, omnibus spending bill, 2010 federal budget, cash for clunkers, numerous other spending bills, and last but not least, health care "reform" have put our great grandchildren so far in debt that I don't see a way out.
The radical changes in the social structure of our country, perused by radicals, crooks, and progressives has not seen the like since our founding. We are rapidly becoming a welfare or "nanny" state, with no regard for self-reliance or personal initiative. The question arises, where do we go from here? The beginnings of unrest and dissatisfaction are stirring throughout the people. I suppose we can thank the tea party movement for getting us off the couch and shrugging off our complacency.
I see no solution short of replacing our whole national government, every politician, every bureaucrat, right down to the janitor. I'm just not sure there is a broom large enough to sweep the whole bunch out. Every politician, Supreme Court justice, and petty little dictator bureaucrat who has violated the original meaning and intent of our Constitution, violated their oath of office, should be replaced, if not prosecuted.
The American people have sat around, paying little attention to what has been happening to our country since Ronal Reagan left office. Unless we wish to continue down this path to the destruction of our nation, every citizen must rise up and shout stop! Enough! The federal government cannot continue its destructive path if the people rise up and demand an end to all the illegal, immoral, unsustainable tearing down of our country. This country belongs to us, We The People, not the jackasses in Washington, or state and local governments. Its time we let them know who their bosses really are.
Did no one listen to Obama or bother to find out what he is all about? He, and his Chicago partners in crime, are all about the destruction of our society as we know it. He promised to radically change America, did no one believe him? When he, and his allies in Congress, get to the point that our economy collapses because of debt and social engineering, the elites will take over and turn our great nation into another corrupt, bankrupt, European nation, or worse, a Third World nation. Don't be fooled into believing that he and the progressives don't know what they are doing. They are doing exactly what they said they would do, just nobody, with the exception of those who want something for nothing, listened.
If we want 2010 to be a better year, restore individual liberties, get our financial house in order, and return our country to the ethical and moral standards we deserve, the time to start is now. We need political leaders who will embrace our Constitution, Judges that will enforce original intent, and a populace that is not totally absorbed with their-selves. The congressional elections, as well as many state and local elections, are a short ten months away. We should all be seeking political leaders that embrace our ideals, not those of the "progressive" far-left.