Tag Archives: supreme court

Roberts Court; the Ultimate Constriction

Well certainly not the outcome expected, one would have thought that the constitutional rule of “apportioned” would have been the only test required to render the “subsidies” (King v. Burwell) a dead issue. Having read the court’s opinion and its rambling and esoteric thought process it’s fairly clear that given the current tenor of the court no challenge, to any law, will have a favorable outcome.

It may also be the case that counsel must do a better job crafting arguments given the situationally-flaccid Justices. It’s absolutely appropriate to repel judicial activism however, in the case of the Supreme Court, I’d argue that is exactly the purpose of the court. The appellate jurisdiction where insuring that constitutional relevance and/or standards are to be upheld.

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Supreme Court Trending Social

The question is whether or not the Supreme Court should ever speak to or address evolving social trends. Is the U.S. Constitution an article of governance or was it intended as an omnipotent, ever-evolving, behavioral endorsement-tool? If one were to study the Federalist Papers then it will be clear that though the Constitution is indeed an article of governance it is most important to understand that it addresses the scope of governance; quite specifically it attends to the limited domain in which government is permitted to function.

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Supreme Court Declines Review of Same-Sex Marriage

Regardless of what side of the issue one opinion may fall there is a component of the courts decision (to abstain) that is too easily/quickly ignored. While the senior court may stand itself apart from lower court (State/District) decisions endorsing SSM there is a marvelous lesson on Constitutional Law taking place; the first being the issue of “standing” (before the Supreme Court) and then there is the issue of the 10th Amendment (State’s Rights).

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Supreme Court: A Case in Point!

The Advocates bent on destroying freedom & liberty prey on the ignorant with the nonsensical argument of the Oh So Sacred “Law”; PIG FODDER! The Law is precisely what they want it to be and when not it is either asserted thru a “decision” or it’s soon legislated. With the concept of sacred now excised from the system “The Law” is free to become whatever any twisted form of venality the Vicars-of-Vise may choose.
Take the family owned business, Hobby Lobby, they courageously challenging the presumed authority of the Government to enforce a provision of Obamacare on the grounds that the mandate violates their religious convictions. Holding to the principal of what is held as “Unalienable”, should not the mere objection be sufficient? Is an Unalienable Right only possible so long as the Government has yet to find a legislatable opportunity in opposition to it or the Court willfully voids said right via decision?
It seems that the predatory principal of convenient ignorance is the rule of the day as it seems that having no conviction on any matter of Constitutional Preeminence whatsoever has become its own proof that the entire system is now in full outside-the-Law operational mode.
Perhaps this explains why Congress is dysfunctionally useless and why the Administration operates as it does. Congress faces an out of control bureaucracy that, particularly in the case of the Intelligence/Security services, has more power than the entity which gave it life. The Executive Branch believes it can self-assign authority it was never given or intended to have and where the Supreme Court is left as only the occasional arbiter between outright stupidity and/or the ever-expanding boundaries of hubris.
Now that we have a Government that is not responsible to an ultimate authority why then would anyone ever expect accountability? When the ever-descending lowest possible common denominator becomes the measure of the publics tolerance for abuse it should be clear that the bottom is not yet within reach.
The following are a select group of responses to questions/comments received after the original article was published. We believe you will find them of interest.
#1: My objection, if you’re curious, is not based on my religious/faith convictions but on an order of magnitude far greater in that it possesses a standing of sacred importance. The Unalienable Rights of a sovereign individual must never be subordinate to legislative action or the temporal impulses of fabricated law! They, and the system which attempts to promulgate both actions, simply do not nor have they ever been in possession of either the capacity to construct or the privilege to alter an Unalienable Right. If you understand the point intended then there is not much more to offer on the subject.
#2: MP, your response speaks to a sense of hopelessness as to pursuing a cause worth perfecting. I believe man is capable, I believe man has an infinite capacity, I believe man is called out to pursue destiny and not become subordinate to the kinetic forces, whether physical or intellectual, that would enslave him. Surrendering to the organism of apathy is precisely why we are faced with the degradation we are surrounded by. This is precisely why folks take the position whereby they abdicate their sovereign self to the absurd premise that the only way to survive is to favor legislated penitentiary; a seemingly all knowing, all capable beast of bureaucracy that will serve his interests. The problem of course is that the beast ultimately becomes more powerful than the source and origins of its power. I find that both an unacceptable and equally contemptible resolution! I have the good fortune of knowing, with absolute certainty, the absolute wonder that you are capable of and you are neither suited nor are you called to anything less!
#3: MP, the health care issue is solvable and in one of my books (“Valor in Prosperity”) I wrote extesnivly on the subject. The approach to the issue is, in every way, just plain wrong and all that ACA does is further enhance the worst and most damaging components of the Insurance Industry. This has also been adopted to Medicaid, Medicare and Social Security and as we know, more of a bad thing doesn’t make a bad thing good, it merely makes it worse. There are many components that are driving this but the worst of all is the publics adaptation to the premise that something they want that they don’t want to work or pay for should be free even if it comes at the expense of stealing it from someone else. This very point is what you view as “Reality” however I see it for what it is; a simulation of a false premise and we know what happens to the false premise; it fails! Thanks for your comments,…very courageous of you!
#4: MP,….and the “poor” is just another one of those very same “talking point” litanies. If one were willing to truly consider the causal forces, the terminus is simply this: The massive growth in Government and its swift departure from functional governance followed by the publics willing adaptation to it. Now that’s a “reality.”
#5: The simplistic answer is that it is the people who vote them in and the people who fail to vote at all that are the cause. Philosophically it is more so that it might be thought of as Kinetic Attrition; as time takes the public conscience away from its root cause and the root cause becomes less and less a point of interest.
Curtis C. Greco, Founder
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Supreme (Court) Failure, Again.

Don’t Ask, Don’t Tell (DADT); our first order of business, is a supremely infantile notion whose origins, not surprisingly, recall the halcyon first-term era of the Clinton Administration.  It was a delightful time, Vincent Foster, as I recall, was still alive and the news content always salacious.  Ah yes, the Clinton’s, never a blank stare with those two.  Where was I? Oh yes, DADT; the notion is completely misanthropic by construct and substantively defiant as to form. How’s that for an intro?

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