The Supreme Court

by

       M. Richard Maxson


      What Constitutionalists understand is that upholding the integrity of the Constitution and its designed system of limited government is essential to preserving our liberties, and abuses of power by any one branch of government.  In our system, the power to resolve the dilemma is reposed into the hands of the judiciary, and those who have that power are to resolve it without regard to popularity or politics. Their oath is to the Constitution. They have the final say on what the laws mean. If they follow the Rule of Law, they will invalidate that which the government has done and which is properly challenged before them and which is not authorized by the Constitution.

      James Madison played an important role in the writing of our Constitution. He noted that since men are

not angels, government is necessary. Since government is run by men, we also need protection from the government (Federalist #51). Mankind tends toward evil. Therefore, power must be separated.  Belief in the sinfulness of man can be seen in the Constitution with its strict separation of powers. Thomas Jefferson said that power should be divided for everybody’s sake: “The way to have good and safe government is not to trust it all to one, but to divide it among the many…”

      In our times President Obama has demonstrated, time and again, that he has no respect for the Constitution's limitations on his power. Despite his oath of office, to see that the laws are faithfully executed, Barack Obama has unilaterally changed welfare reform laws. He has repeatedly and unilaterally changed or waived provisions of the ObamaCare. He has ordered Border Patrol agents not to carry out provisions of the immigration laws that he does not like and the list goes on and on. Why do we have a Constitution of the United States if a president can ignore it without any consequences?

      This week the Supreme Court has handed down decisions that have put a stop to some of these Constitutional violations. It is a victory for all who believe in the constitutional constraints on executive power.
In the case of National Labor Relations Board v. Noel Canning the Supreme Court ruled unanimously that the President violated the Constitution in a dictatorial fashion by attempting to go around Congress in making government appointments. All these appointments are now illegal and any decisions made these appointees to the board are not binding.

      Earlier in the week, in the case of  Riley v. California and U.S. v. Wurie, the Court ruled, unanimously again, against the administrations continuing war on privacy. It stated that the police must have a legitimate warrant to search a persons' cell phone. These rulings means that the Supreme Court has issued a severe rebuke to the “constitutional scholar” President and his abuse of power. It is the 12th time since January 2012 that the Supreme Court has unanimously rejected the Obama administration's calls for greater federal executive power."

     Far from seeing his power diminish in his last years, President Obama has tried to extend his power even beyond the end of his administration by appointing federal judges who share his disregard of the Constitution and can enact his far-left agenda into law from the bench, when it cannot be enacted into law by the Congress. He is attempting to change the laws of the land by putting in power a leftist coalition of "living constitution" theorists on the benches of our nations courtrooms. These unanimous rulings show that there is still a flicker of light for freedom and rule of law in America.