Posted by highlysuspect on July 22, 2010 in politics, Will's articles |
  1. Section. 2.
  1. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;–to all Cases affecting Ambassadors, other public Ministers and Consuls;–to all Cases of admiralty and maritime Jurisdiction;–to Controversies to which the United States shall be a Party;–to Controversies between two or more States;– between a State and Citizens of another State;–between Citizens of different States;–between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
  1. In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

Every time a Supreme Court Justice announces his/her retirement and, a replacement in nominated for the seat, we go through the same rhetoric. Will he/she repeal this or enact that? We went through it when John Roberts was nominated for Chief Justice; would he repeal Roe vs Wade? Now, we’re going through it with Elena Kagan. Part of the book on Kagan is that she covets a pro-muslim approach to constitutional law; whatever the hell that means. Its not really important for the context of this article. I get email after email telling me Kagan would ” change the constitution to reflect her pro-muslim views. ” What these organizations don’t seem to realize is that the American people are aware that one lone Supreme Court Justice does not have the power or the authority to unilaterally overturn previous rulings by the Court; nor do they have the power to enact laws or change the constitution. The only way to overturn a previous Supreme Court ruling is if another case with similar circumstances passes through lower appellate courts and the high court chooses to hear it.

In the case of John Roberts, most of the rhetoric came from the media; the most influental political organization in America, an entity that is supposed to be neutral.

The bottom line, these organizations lie, distort the truth, and, play on the fears an insecurities of the American people to get what they want. We all know what they want. At some point, we, as Americans have to put a stop to the crap.


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