June 23, 2005

Men In Black- How the Supreme Court is Destroying America

(767 Words) Posted at June 23, 2005 05:58 AM in Books .

I'm reading Mark Levin's book, Men In Black: How the Supreme Court is Destroying America, and it's pretty interesting so far. He's talked about the bogus SCOTUS rulings on religion the so-called "separation of church and state," a short history of some of the most radical SC Justices, as well as a segment on the bogus precendents set up to allow a non-existant Constitutional "right to privacy" that lead to the ruling that legalzied abortion and even partial birth abortion.

There's no doubt the Court is indeed usurping power from the other branches of government, and the court has long been creating law as opposed to interpreting the law. When they actually do interpret the law, they often times refer to documents other than the US Constitution, and clearly that's not what the federal judiciary was set up to do. The founders worried over the idea of a Supreme Court, knowing that these judges, who are not accountable to any other branch of government nor the people themselves, could easily assert their own decisions based on nothing but personal opinions, attitudes, and beliefs, as opposed to the law as it was written by the founders and agreed upon by the people.

Take the 1st Amendment rulings for example...it's quite clear that the founders wanted to make sure that government could play no role in limiting the people's free exercise of their religion, but SCOTUS has actually issued rulings that ban religious speeches, prayers, etc. by public schools, public officials, and other aspects of public life by saying that Americans have a right not to have their feelings hurt. In ruling on pre-game prayers at Texas high school football games, the court ruled that by allowing a prayer, some people in the crowd might feel like outsiders, and because of that it was illegal. Clearly the Constitution contains no right of Americans to not feel left out, like outsiders, etc. One ruling said that it wasn't legal to make people feel like they were being psychologically coerced thru peer pressure to join in a prayer they didn't want to, for fear of being seen as different...the founding documents make no mention of any of this, and there are no guaranteed rights like these, but the court found it just and fair to create these laws themselves. Judical activism in its purest form.

On the issue of abortion- the court created an imaginary "right to privacy" that doesn't exist in the US Constitution. It started out with cases involving married couples and contraception, and went from that to unmarried couples and rulings that proclaimed that Americans had a right to privacy, and because of that made up right to privacy, the court could rule that many laws in many states were Unconstitutional, even if the Constitution made no mention of any of the things the court claimed were inherent rights of all Americans.

The abortion rulings and precedents were also written by justices who were, at best, ruling on emotion and personal opinion, and at worst- ruling on issues due to a hunger for power and popularity. One justice who wrote majority opinions on Roe v Wade actually got fan mail from many who supported his decisions, and according to his law clerk, the justice at it up and started turning quite radical in his rulings after he started to get letters from "fans." The same justice came up with the complicated schedule of trimesters and in which time period abortion is legal and illegal...his absurd rulings have lead to SCOTUS rulings that overturned state bans on partial birth abortion.

These are just two subjects in a very well written and well thought out book (as I can tell so far)...I've found nothing that isn't logical in Levin's argument that the court is, indeed, destroying America. When the supreme court of the land creates imaginary law that was never supposed to be to begin with, and when that same courts limits and even destroys rights guaranteed to all Americans by our founders, there's little doubt that that same court is, in reality, destroying America and our way of life. The court will continue to rule based on bogus precedent set by former justices, and it all turns out to be a vicious circle of illegality transformed into the law of the land. I've no doubt that, left unchecked, the court will continue to create laws that the Constitution never mentioned, dictate new rights that that document never intended, and slowly chip away at the rights that we were once guaranteed but now have to fight to protect and save.

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