Thomas Sowell is a national treasure, and today's column is one of his best. He makes clear in his article titled The Point of No Return that what the Supreme Court has done with its rulings this June is historic in a good way.
He notes that the Supreme Court is pointing us back to living under a Constitution instead of fascist tyrants. We should be grateful. And this gratitude should not be partisan either. Whether you are Republican or Democrat, or someone in the mushy middle, the limiting of federal power is a good thing. We the people can only have freedom when the government is restrained. The more the government makes up laws, rules and regulations, the less freedon we have. The bigger government gets, the more it taxes us and makes us poor. But this is not what our framers had in mind, and the Supreme Court has begun the process of limiting the, frankly, out of control government.
Some people seem to think that the Supreme Court has banned abortions. It has done nothing of the sort.
The Supreme Court has in fact done something very different, something long overdue and potentially historic. It has said that their own court had no business making policy decisions which nothing in the Constitution gave them the authority to make.
Get out a copy of the Constitution -- and see if you can find anything in there that says the federal government is authorized to make laws about abortion....snip...
Why do we elect legislators to do what the voters want done, if unelected judges are going to make up laws on their own, instead of applying the laws that elected officials passed?It is about time that someone pinned back the ears of both the Congress and the President. It seems that everyone wants to do someone else's job. The Congress doesn't want to do the jobs it has been assigned, like for instance passing a budget that is within our ability to pay. Congress is solely assigned the task of writing the laws. It may not, under the Constitution, delegate this task to the Executive branch. Meanwhile, the President is more interested in doing the jobs of the Congress, often using Executive Orders, rather than executing the laws as written. The Court has signaled that they may be the institution to do the pinning.
All well and good, but there is no mention of the power of the Supreme Court to declare anything "Un-Constitutional" in the text of the Constitution. That power was created out of whole cloth by the Court during the Marbury v Madison case. (1804, as I recall). The Constitution is curiously silent about the proceedure for elevating an un-enumerated right to an accepted right. Similarly, there is no mention of "abortion", but also no mention of the Internet, anti-biotics, central HVAC, or Interstate Highways, yet those have been accepted into modern life without question. "Abortion" might easily been accepted as a new "medical" procedure requiring neither state or Federal action. I don't require permission to accept an anti-biotic or surgery nor do I require consent of the 9 Worthies.
ReplyDeleteMike, you are correct. As far as abortion is concerned, the real issue is that there is no federal "right." States are free to allow abortion. The same is true of Obamacare. States may have healthcare systems, but not the federal government.
DeleteBoth parties should be grateful for the last session of the SCOTUS, but the Democrats are always very short sighted. They will ignore the long term affects of any rule that they want changed, to benefit themselves in the short term. Like the change in the Senate rules to change the confirmation process to just a simple majority for every nomination except the Supreme Court, during the Obama years, with Harry Reid the Senator responsible for ramming that through. They were mad that Obama's nominees were taking a long time to be confirmed.
ReplyDeleteNow, they are considering a change to the Supreme Court, to term limits to 18 years, with presidents having the ability to nominate 2 Justices in their 1st term. And they are also proposing a larger number of Justices, to defeat what they identify as a Conservative bias on the Court. Of course, it was fine when the SCOTUS was Liberal.
It looks like the Republicans will shift both chambers of congress to their side, in November. So that will change things immensely. Most importantly, it will derail Biden's far left agenda, or rather, whom ever is pulling his strings. That is the most important thing, because most of his agenda has done nothing but harm America and our people.