by
M.
Richard Maxson
with comments from Christopher Scalia
To
complete the “fundamental changing of America” the plan was set.
After years of ignoring the Constitution (because it is an obsolete
document) the end game was to put Hillary Clinton in the White House
and begin replacing Supreme Court justices that were originalists
with left-leaning activist judges. The lower courts were already
teaming with these appointees. Their campaigns financed by money from
those who do not like the current United States and it's laws.
Changing, restricting, and replacing the Constitution is the end
game.
That
all came to a crashing halt with the election of 2016. The rage that
came out of the Left was and still is deafening. President Trump has
now appointed two Justices and the Left is doing their best to keep
Justice Ginsberg healthy until they can regain power and get the ball
rolling again. They pulled every dirty trick they could think of and
showed true Americans just how disgusting their political leadership
could be. Justice Kavanaugh was confirmed yet the Left, soon to take
control of the House, has stated they will continue to go after him
via impeachment. They will go to any means to get the Supreme Court
stacked with anti-constitutionalists.
The
Democratic party's main supporter does not sit still. He went to plan
B. The logic is that the district attorneys are the ones who decide
which cases to prosecute and bring before the courts – or not.
Since they cannot yet control the courts, they can control what the
courts decide. Buried in the MSM are headlines like these:
Soros
put nearly $1.7 million in Philly DA’s race
Billionaire
Soros Pumps $400K Into San Diego DA’s Race
Billionaire
George Soros Pours Money Into Alameda County District Attorney's Race
Soros
buys another district attorney race, this time in Texas
This
should terrify every American patriot. Chief Justice Antonin Scalia
was a champion of the Constitution. He has gone and can no longer
defend his country but his son has something to say about the state
of our nation. Here are his thoughts:
“Although
I don’t think my father (or anyone) could have predicted the twists
and turns of the past several weeks, I don’t think he would have
been shocked by the no-holds-barred fight over a Supreme Court
vacancy, either. He long ago warned Americans about the excessive
intrusion of politics into the judicial appointment process. And he
explained that a large share of the blame belongs to the justices
themselves.”
“My
father believed that a major reason the judicial confirmation process
has become so heated is that federal judges too often exceed the role
envisioned by our nation’s founders and usurp the power of elected
representatives. Alexander Hamilton famously argued “that the
judiciary is beyond comparison the weakest of the three departments
of power” and that “the general liberty of the people can never
be endangered from” the judicial branch. But Hamilton qualified
that claim. He said it would only be true as long as “the judiciary
remains truly distinct from both the legislature and the Executive.”
Hamilton agreed with the French political philosopher Montesquieu,
who warned that “there is no liberty, if the power of judging be
not separated from the legislative and executive powers.”
“Maintaining
that separation means limiting the role of judges. My father
explained that for most of American history, Supreme Court justices
recognized that the meaning of legal texts – including the
Constitution – did not change. Judges understood that their job was
to interpret that original meaning – referring to tradition,
history and precedent when necessary. When dealing with laws and
statutes, this approach is known as textualism; in reference to the
Constitution, it is called originalism.”
“But
over the course of 20th century, judges began to think of the
Constitution as a “living document” whose meaning changed with
the times. That may seem like a reasonable idea at first; after all,
the Constitution was written in 1787 and a nation’s interests and
priorities can change dramatically over generations. Shouldn’t the
Constitution keep up with the times? In fact, the Constitution
establishes democratic processes, both in the states and in Congress,
with the flexibility necessary to adapt to changing circumstances.
This can happen through new laws and through constitutional
amendments. That is, for example, how women earned the right to vote:
not by judicial decree, but through the 19th Amendment.”
“On
the other hand, if the Constitution is a living document, consider
who ends up determining its new meaning: unelected judges with
lifetime appointments – men and women who are intentionally
protected from the will of voters at the ballot box. As a result,
many debates and compromises that should have occurred in the
political realm have been short-circuited by the judicial branch for
decades.”
“A
freedom-loving people respectful of the rule of law may be expected
to let lawyers decide what a constitutional text means; but they
cannot be expected to let lawyers decide what a Constitution ought to
say,” my father said. Or as he put it in another speech, “no
court can expect to remain immune from severe political pressure ...
if it assumes the role of inventing solutions for social problems
instead of merely applying those solutions prescribed in
democratically adopted statutory or constitutional text.”
“One
way to help make our judicial confirmation battles less polarizing,
then, would be for judges to return to the more limited role they had
held for most of our nation’s history: applying laws and statutes
according to their text and interpreting the Constitution according
to its original public meaning, using history, tradition and
precedent as guides.”
“This
change in perspective is long overdue, but it will not happen
overnight. Right now, it is primarily only Republicans who see the
value in originalist judges like Justice Kavanaugh – and we saw the
lengths to which Democrats fought his confirmation.”
Constitutionalists
know that federal judges have been increasingly usurping power from
the Executive branch. Too many judges believe it is their right,
their duty, to act upon their sympathies and policy preferences This
judicial activism is a threat to our representative government and
the liberty it secures.
Activist
advocates want judges who will do for them what they have been unable
to achieve at the ballot box. A judge can have personal opinions on
whether a government policy is or isn’t heartless but they should
decide legal questions based on the law and the facts—not their
policy preferences.