Tag: SCOTUS

Advice and Consent

With the death of Justice Ruth Bader Ginsburg the U.S. Supreme Court is down a member. It is the President’s job to nominate a replacement Justice for the Supreme Court. And per the Constitution it is the Senate’s job to confirm or deny such appointments.

Throughout President Trump’s presidency the Senate has dragged its heels in the confirmations of his Administration. No other president in history has had such a delay in getting their nominees appointed or even getting Senate hearings for them. So the Senate certainly isn’t Pro-Trump otherwise this would not be the case.

During the previous administration, there was an opening on the Supreme Court and President Obama did his duty in nominating a replacement Justice. And the Senate did their duty as well.

They rightly refused to have a hearing for the confirmation of Merrick Garland who was nominated by President Obama. The Constitution clearly states that the President needs the Advice and Consent of the Senate to appoint Judges to the Supreme Court. The Senate did not give their Advice or Consent in President Obama’s nomination of Mr. Garland. Yet he didn’t have any issues getting his administration confirmed.

The Senate is under no obligation to give consent to any appointment. That is why there are many still open positions within the Administration of President Trump. The Senate hasn’t given their consent to his appointments. He will either have to withdraw the nominees and appoint someone else or wait to see if it gets filled.

So here we are coming up on a presidential election in November. And President Trump is still the President of the United States until at least January 20th of 2021. And I pray that he is President for the next four years as well.

No matter the outcome of the coming election. If President Trump submits a nomination to the Senate. The Senate has every right to either hold hearings and confirm the nomination or reject it.

What’s Wrong the Courts

There are 3 reasons why the Courts at every level can and do legislate from the bench in defiance of the US Constitution and the Will of the People.

1) There is a deep misunderstanding on the function of the Courts. We see, hear, and even say it all the time. The Court’s job is to interpret the Law.

This is a fallacy. And interpret by definition allows the Courts to redefine anything within the statute to mean what they wish it to mean.

The Court’s true job is to apply the Law. This doesn’t allow for interpretations. The words are written and have specific meanings. It either applies to the case or it does not.

2) The Courts have from time to time granted themselves additional powers that our Founding Fathers saw not to grant to them in the Constitution.

This had lead to such powers like Judicial Review of legislation.

The powers of both the legislative and executive branches are constantly being usurped by these unelected, unaccountable black robed tyrants with every opinion they write.

3) We the People and our elected representatives in all legislative and executive positions have allowed the Courts to usurp powers granted to those branches of government or even to the States and People against the Constitution.

We continue to do nothing about it. Our elected representatives need to do their sworn duty and protect and defend the Constitution. Even if it means taking on the Courts.