Justice Scalia Dissents

On the Supreme Court’s decision to abridge the freedom of political speech, despite the explicit protection supposedly guaranteed by the First Amendment:

The first instinct of power is the retention of power, and, under a Constitution that requires periodic elections, that is best achieved by the suppression of election-time speech. We have witnessed merely the second scene of Act I of what promises to be a lengthy tragedy.

Simply put, incumbents now have an unfair advantage guaranteed by the Supreme Court’s bizarre reading of the Constitution.

Even more frightening, if the Supreme Court feels it has the power to limit rights that are specifically protected by the Constitution, and to invent “rights” that offer constitutional protection to killing unborn children, racial discrimination (as long as its against white people), and homosexual sex, then the balance of power devised by the founding fathers has shifted ominously to the Judicial branch.

These unelected black-robed elders must be reined in. A majority of the justices on the court have taken it upon themselves to set up what they consider a benevolent dictatorship, creating law out of whole cloth if they can’t find grounds in the Constitution.

Lower courts are full of judges practicing for their shot at the Supreme Court. The unbelievable misapplications of law by the Florida Supreme Court in 2000, the New Jersey Supreme Court in 2002 (which got retired Frank Lautenberg another shot at the Senate), and the wacky Ninth Circuit Court of Appeals (finding “under God” to be unconstitutional) are just the most obvious examples.

Regardless of how one feels about campaign finance reform, abortion, same-sex marriage, or racial quotas, Supreme Court rulings that extract from the Constitution more than was put in by the framers are nothing more than power grabs, pure and simple.

And just in case any of my liberal friends think that this diatribe is based on sour grapes, they need to remember that the political wind in the country is blowing conservative. A majority of college students identify themselves as Republican, a drastic change from the 1960s when many of the current crop of judges in America were educated. Twenty years from now, we may see a conservative court overturning–or even banning!–the judicially-fabricated “rights” to choose and same-sex marriage.

Then liberals will understand: If it isn’t in the Constitution, it’s the legislature’s job to determine what’s legal. If Congress won’t pass the laws you want, petitioning the courts to do it from the bench is short-sighted and foolish. That way lies tyranny.

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