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Tuesday, June 29, 2010

Packing the Court with Smart Asses

Related Link » Gun Control Laws
“There is no point arguing, as many people do, that it is difficult to amend the Constitution. The fact that it doesn't happen very often doesn't mean [necessarily] that it is difficult. The people may not want it to happen, even if the intelligentsia are itching to change it. When the people wanted it to happen, the Constitution was amended 4 times in 8 years, from 1913 through 1920. What all this means is that judges and the voting public have different roles. There is no reason why judges should "consider the basic values that underlie a constitutional provision and their contemporary significance", as Justice Stephen Breyer said in his dissent against the Supreme Court's gun control decision. But, as the great Supreme Court Justice Oliver Wendell Holmes said, his job was "to see that the game is played according to the rules whether I like them or not". If the public doesn't like the rules, or the consequences to which the rules lead, then the public can change the rules via the ballot box. But that is very different from judges changing the rules by verbal sleight of hand, or by talking about "weighing of the constitutional right to bear arms" against other considerations, as Justice Breyer puts it. That's not his job[!] Not if "we the people" are to govern ourselves, as the Constitution says.” [emphasis added]
— Thomas Sowell, June 29, 2010 (Townhall)
I don't much care for that self-proclaimed "wise Latina" and her ilk — promoting her own pedestrian intellect cum strident activism — not-surprisingly favored for the Supreme Court by the like-minded iPOTUS. Give me the intellect of an African-American Thomas Sowell, or, as I like to refer to him, a wise man, any day. I would love it if Dr. Sowell became a Supreme-Court Justice.

Unlike iPOTUS and his nominees, Dr. Sowell understands the important role played by our Judicial Branch of the Federal Government. It is not to make laws; it is to adjudicate whether or not the laws made by the Legislative Branch (and confirmed by the Executive via signing) is Constitutional. The Supreme Court is one of the Triumvirate of Branches in the Founders' brilliant "checks and balances" strategy, sort of a "rock-paper-scissors" rule-of-law for grownups.

But the lefties just can't stand playing by the rule of law. No, they have to introduce the leverage of their own presumed superior intellect by whatever means they can get away with, preying on the naiveté of their intellectual "inferiors". And so, instead of building on the greatness of former Justice Oliver Wendell Holmes and others, they dilute and pervert the Court's integrity with second-rate "smart asses", to borrow a term favored by our esteemed Vice President Joe "Big F*cking Deal" Biden.

Post #1,336 Packing the Court with Smart Asses

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