Every once in a while a small child speaks the most profound of truths, “The Emperor has no cloth on” is perhaps the most famous metaphor for that reality.
“Out of the mouth of babes and sucklings hast thou ordained strength because of thine enemies, that thou mightest still the enemy and the avenger. (Psalm 8:2)”
Well sometimes it isn’t a small child or babe that let’s the cat out of the proverbial bag as it were. Sometimes that pearl of self evident truth actually comes out of the mouth of a curmudgeonly old geezer. The old geezer in this particular case is none other than Supreme Court Justice Antonin Scalia (who is in truth about as curmudgeonly as an old geezer can get) and boy does he let slip with a doozy.
“Congress can do whatever it wants, if it gets its act together,” he said.
Now, if you have been reading the actual court decisions rendered by the Supreme Court over the last say, ten years or so, (not just the Fifth Column Treasonous Media’s propaganda) what Justice Scalia says here really isn’t surprising as the court has been making this case for at least that long. I remember the first time I ever really noticed it was during the hotly debated (and hated by conservatives) Kelo v. City of New London, 545 U.S. 469 (2005).
Justice Stevens makes it pretty clear here, if you actually bother to read what he wrote,
In affirming the City’s authority to take petitioners’ properties, we do not minimize the hardship that condemnations may entail, notwithstanding the payment of just compensation.21 We emphasize that nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power. Indeed, many States already impose “public use” requirements that are stricter than the federal baseline. Some of these requirements have been established as a matter of state constitutional law,22 while others are expressed in state eminent domain statutes that carefully limit the grounds upon which takings may be exercised.23 As the submissions of the parties and their amici make clear, the necessity and wisdom of using eminent domain to promote economic development are certainly matters of legitimate public debate.24 This Court’s authority, however, extends only to determining whether the City’s proposed condemnations are for a “public use” within the meaning of the Fifth Amendment to the Federal Constitution. Because over a century of our case law interpreting that provision dictates an affirmative answer to that question, we may not grant petitioners the relief that they seek.
It sounds like a pretty brutal smack-down, until you realize that Stevens is saying, “It’s up to the state legislation or the US Congress to make the laws” the courts are only suppose to rule on already existing laws.
This is the same line of reasoning that Justice Robert’s put forth in his equally hated “AHCA” ruling. In both cases (and many others as well) the Supreme Court has repeatedly said, “Congress and the State Legislatures write the laws, you cannot come to us and expect us unwrite what they have written”. If you do not like the laws Congress or your State Legislature are writing, then throw them out of office and elected people who will write laws that you do like, but do not come crying to us to unconstitutionally over rule Congress or any State Legislature which lawfully writes a law that you do not like.
In an apparent reference to the court’s recent decisions on gay marriage and benefits for same-sex couples, Scalia said it is not the function of the courts to create exceptions outside the Constitution unless a majority of people agree with them.
“It’s not up to the courts to invent new minorities that get special protections,” Scalia told a packed hotel ballroom in southwestern Montana.
Now most people in the blogsphere know that congress has abdicated it’s role as the most powerful branch of the United States Federal Government, the Democrats are full blown Marxists and the Republican leadership are all
Wolves in Sheep’s clothing Democrat/Marxist in Republican clothing. John “Crybaby” Boehnor and Mitch “Where’s my kickback” McConnell couldn’t give a rats ass what the Republican base think or want, like all Marxist elite, they believe that the average American is just to damned stupid to make their own decisions, because well, were to damned stupid to do what is really good for us.
Justice Scalia is basically saying here, the real power and authority belongs to congress, not the President or the Supreme Court, if you don’t like what the government is doing, then throw your congressmen and senators out on their fat lazy worthless Marxist asses and elect congressmen and senators that will make the decision you want them to, not the decisions they want to make because you are to damned stupid to do what you should (according to them).
Yes, Supreme Court Justice Antonin Scalia is 100 percent correct, if the vast majority of congress (and the Senate) were not a bunch of corrupt Marxist sociopaths intent on lining their pockets from the public trust and fundamentally transforming America into a god damned Marxist Utopia they could end our financial crises virtually overnight, but they would have to put the good of the nation as a whole above their own personal profit to do so. They could in fact shut down the Federal Government in Mordor on the Potomac and defund Obamacare and half of the federal bureaucracies that do nothing but spend us into oblivion. But they don’t because, as Ronald Re3agan once famous said, Government is not the solution, it is the problem. The Republican Leadership are not fighting the Democrat/Marxist, because they ARE Democrat/Marxist.