About Us

Name:
Name:
Location: Hope, IN
Name: HUMIN
Biography
Name: Irate One
Location: stockton, CA
Biography
Name: x_dhimmi (deb)
Name:
Loading...

Create Your Own Blog Find Other Townhall Blogs

Comments

The SCOTUS War on the Constitution

Have you wondered by what authority the Supreme Court stuck its haughty nose into how the military deals with enemy combatants held at Gitmo? Why did (NO)Justice Kennedy and his co-conspirators in the unraveling of American liberty go to such pains to twist and foul the clear designation of powers into something unrecognizable to anyone who has the ability to read Article III, Section 2 of the United States Constitution which outlines the jurisdiction of the U.S. Supreme Court?

In writing the majority opinion in BOUMEDIENE [pdf file], (NO)Justice Kennedy inadvertently let slip his solidarity with the Leftist-Marxist plot to destroy America as we know it and install a tyrannical regime to lord it over the proletariat (a.k.a., American citizens).

All attempts to force the historically bankrupt and cruel Leftist-Marxist Utopia – sold to the American People as “free stuff from your benevolent Government” but, in truth, installs the Left as Supreme Leader over an (by Leftist evaluation) ignorant, miserable lower class who are not sensible enough to know what’s good for them – have lost at the ballot box every time (Damn that “one man, one vote” thing!), so They Who Would Be Your Master work through the Judiciary to delegitimize the will of the People. The “Living Document Constitution” of the Left breathes only Marxist air.

(NO)Justice Kennedy, in his review of the Military Commissions Act of 2006, passed by the Legislative Branch and signed into law by the Executive Branch, seethed that his own Special Interest Group, the Judiciary (increasingly the tool of Leftists), were not involved in the actual implementation of the Act. (NO)Justice Kennedy conveniently ignored the fact the Act was created by the elected representatives of the People and signed into law by the Commander-in-Chief elected by the People at the explicit suggestion of the Supreme Court in its HAMDAN VS RUMSFELD [pdf file] decision.

Oops! To the dismay of Supreme Court liberals and their Leftist comrades, Bushitler and his sycophants and a majority of the Congressional Majority Democrats who lied to their constituents to take the throne of office in D.C. did not come up with the Leftist-empowering law the Supreme Court had in mind – the subsuming of the U.S. Constitution and the destruction of U.S. sovereignty to a one-world Court and one-world society.

The SCOTUS opinion in BOUMEDIENE makes this clear. The conclusion reached in the case relies on adherence to English Common Law instead of what most Americans blithely and naively assume to be the Supreme Law of the Land, the United States Constitution.

How did (NO)Justice Kennedy and his co-conspirators – (NO)Justices Ginsburg, Souter, Stevens, and Breyer – of America’s demise rationalize their dismissal of the Constitution? By twisting the intent of the American Founders as laid out in the Constitution. Ann Coulter explains:

The majority opinion by Justice Kennedy in Boumediene held that it would be very troubling from the standpoint of "separation of powers" for there to be someplace in the world in which the political branches could operate without oversight from Justice Kennedy, one of the four powers of our government (the other three being the executive, legislative and judicial branches).

So now even procedures written by the legislative branch and signed into law by the executive branch have failed Kennedy's test. He says the law violates "separation of powers," which is true only if "separation of powers" means Justice Kennedy always gets final say.

Of course, before there is a "separation of powers" issue, there must be "power" to separate. As Justice Scalia points out, there is no general principle of separation of powers. There are a number of particular constitutional provisions that when added up are referred to, for short, as "separation of powers." But the general comes from the particular, not the other way around.

And the judiciary simply has no power over enemy combatants in wartime. Such power is committed to the executive as part of the commander in chief's power, and thus implicitly denied to the judiciary, just as is the power to declare war is unilaterally committed to Congress. As one law professor said to me, this is what happens when the swing justice is the dumb justice.

Kennedy's ruling thus effectively overturned the congressional declaration of war -- the use of force resolution voted for by Hillary Clinton, John Kerry, 75 other senators as well as 296 congressmen. If there's no war, then there are no enemy combatants. This is the diabolical arrogance of Kennedy's opinion.

Coulter’s law professor acquaintance is too kind. (NO)Justice Kennedy is not dumb. He knows exactly what he has done. He has devised a silly argument about separation of powers, allowing himself to look incapable of reading the plain text of the Constitution, in order to wrest power away from the Legislative and Executive Branches, in this case over the military. Another day, another Constitutional precept discarded.

Folks, we are in the midst of war. There are at least two fronts to this war, both aimed at destroying American individual liberty and sovereignty.

One front consists of continuous attacks by Islamofascism using a myriad of tactics to weaken, demoralize, and ultimately destroy us: terrorism, lawfare, cultural jihad, and infiltration into our neighborhoods, schools, public square, government offices and agencies, and military.

From a second front we are continuously assaulted by the Global Left well ensconced into our society. This threat began decades ago and has sunk its tentacles so deeply into our culture that we do not even recognize it in all its forms. The Global Left, birthed in Communism and its weaker sister Socialism is presently dominant in our universities, in our public schools, in our hyphenated sub-cultures, in many of our religious institutions, in our Government offices and agencies, and in our Courts.

It is past time to take notice. It is time to act Educate yourself. Share what you learn with your family, friends, and acquaintances and encourage them to join you in our mutual challenge to keep America free. We are teetering on the brink of losing our heritage – FREEDOM.

A good place to start is familiarizing yourself with your rights. It is impossible to know you’ve lost treasure if you never knew you had it.

"If there is hope . . . it lies in the proles" (George Orwell).

~Posted by Deb~

 

Email ItEmail It | Print ItPrint It | CommentsComments (2) | TrackbacksTrackbacks (0) | Flag as offensiveFlag as Offensive