The Tyranny of 5-4


Opinion by George McClellan:A year or so ago, the Chief Judas of the Supreme Court, John Roberts, plunged conservative America into a state of paralyzing despair with his shocking and decisive vote that legitimized Obamacare as a taxing mechanism. It was a 5-4 vote. Today, in an effort that might regain some small amount of confidence in his court, he voted to support the Hobby Lobby suit against the Obamacare mandate that all businesses must supply abortion care insurance (it’s not contraceptives) to all its employees, despite that company’s objections on religious grounds. As I search through my copy of the Constitution, I cannot endeavor to place my finger on any amendment therein that overrides the 1st Amendment’s protection of religious freedom. The language found there is clear: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;….” . But it was still a 5-4 vote. Why?

Because there is a major clash of two political philosophy’s underway in America: Capitalism and free enterprise, with smaller government and less taxes vs. government supplied, top down control of all it’s citizens through oppressive rules and regulations that intrude into every aspect of American’s lives. In effect, a Marxist nanny state. Make no mistake. It’s a fight to the death!

At the moment, the Supreme Court has at least four ‘Left’ leaning Justices with a fifth swing vote lurking in the wings. And, therein lies the tyranny of the 5-4 Supreme Court and especially why it is so important, when voting for the next President, to elect someone who will not unbalance the court to the “left” with more Marxist leaning jurists than constitutionalists. It is also very important to realize, and remember, that not one of the nine members of the Supreme Court, nine jurists who have the power and ability to ruin everything, or make everything great, is elected to their chair on the Court. Without Congressional oversight, justice is what they say it is and that makes them “autocrats.”

It did not hurt the Supreme Courts image either, that they also poked a stick in the eye of Labor Union’s ability to fill their coffers with involuntary donations from non-union members. I think this is often referred to as robbery or fraud, but still, I find no authority in the US Constitution that authorizes such conduct by any private enterprise i.e.: Unions. But, this also passed by a 5-4 vote. Again I ask, why? And, as we all know, only the government is allowed to rob us without our permission and without recourse or remedy.

Mistakenly, somewhere in our past history, our elected legislatures have fallen prey to the notion that the Supreme Court is somehow infallible. Their title say’s so: “Supreme”, therefore it must be so. Inevitably, by slow attrition and acquiescence, the legislative bodies of the congress have often ceded their constitutional role to the final arbitration and ultimate decision making of nine unelected lawyers. Apparently, none of our current conservative representatives have read or understand Article III, Section 2 of the same Constitution mentioned above, which article specifically gives congress the authority to regulate and oversee the Court.

Congress reaffirmed their authority to control the court in 2004, when George W.Bush was President, with HR 3920, dated 9 March 2004. “Congressional Accountability for Judicial Activism Act of 2004”. Section 2 of said act is “Congressional Reversal of Supreme Court Judgements.” This bill was enacted pursuant to the power of Congress under Article III, Sec. 2 of the US Constitution. In the end, elections matter if for no other reason than to prevent a Progressive President from stacking the court, so to speak. Corrections are required.

Remember, freedom is the goal, the Constitution is the way! Now, go get ‘em! (30 June 2012).

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