SCOTUS – Replacement for Congress?

Stop Relying on the Supreme Court to Create Law!

congress

Gutless Wonders In Congress Shirk Their Duty to Legislate and Duck their Responsibility and the Possible Ire of their Constituents by Allowing 9 Unelected Judges to Create Law by Fiat!

 

It is the Job of Congress Alone

U.S. Constitution; Article 1, Section 1

All legislative (having the power to make laws:) Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

The Supreme Court has NO Constitutional Authority to “Legislate”, Period!

U.S. Constitution; Article 3, Section 1.

The judicial Power (1) of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

SCOTUS RESTRICTED ROLE:  The courts below the Supreme Court, inferior courts, are created and maintained solely by Congress.  In 1803, a famous case, Marbury v Madison, formed the basis for the exercise of judicial review in the United States (constitutionality) under Article III. This Supreme Court decision helped define the boundary between the constitutionally separate executive and judicial branches.  CONGRESS STILL HAS THE SOLE RESPONSIBILITY AND CONSTITUTIONAL ROLE TO LEGISLATE, CREATE NEW LAW OR MODIFY EXISTING LAW. 

The Supreme Court, or any inferior court, can only judge whether a Constitutionally created law, passed by Congress and signed by the President, is in conformance with or does not violate any Constitutional authorities granted to the Congress by the Constitution, amendments thereto, or governing law.  Any law found to be unconstitutional, at the discretion of the Congress, must be modified by the Congress alone and submitted to the President for approval.  The court cannot, and should not, but has, actually modified the original language of a law by interpreting the language in the law to suit the court.  This is not legal right of the court and has been labeled “Judicial Activism” (2). 

Congress Needs to Pass Real Legislation Dealing with:

  • Freedom of Religion Protection under the 1st Amendment Against Government Overreach on Healthcare.

  • Define Life as beginning at Conception.

  • Pass a real school choice law allowing parents to use vouchers to send their children to a school of their choice.

  • Clarification of LGBT rights Vs the Religious Liberty of individuals.

  • Get the Government out of our Rest Rooms, Showers and Changing rooms.

  • Revise Title 7 and 9 that control schools and universities receiving Federal Funds to get the government out of the day-to-day operations of these institution.

  • Individual Employee Rights Vs Unions Rights regarding dues and Union political activism.

  • Disallow Environmentalists’ “standing in court” to bring lawsuits on behalf of the environment.

  • Mandate that all laws passed by Congress cannot exempt Congress or its members from its provisions.

  • Mandate that all laws passed by Congress, and any resulting regulation, that require funds to be expended to implement the law, be fully paid for by the Federal Government.  (Eliminates unfunded mandates)

  • Create a national standard for Voter IDs to ensure that Federal Elections are properly controlled.

  • Clarify 2nd Amendment protections by creating national “carry permits”; eliminate State and Local taxes designed to restrict gun or ammunition ownership; create Federal restrictions on gun ownership for the mentally impaired.

  • Pass common sense political contribution reform and eliminate PACs and Super PACS.  All persons, including individuals, corporations, LLCs, Unions, tax exempt organizations, can only contribute $1,000 per candidate or initiative. 

  • Require that the President submit and the Congress pass an Annual Budget or the executive and legislative elected officials and staff do not get paid until it is passed.

  • Require that the annual budget be prepared and approved using zero based budgeting and eliminate automatic increases.

  • Require all regulations that have been created undergo a cost-benefit analysis, and then be reviewed by Congress before it is put into effect. 

  • Etcetera!  You get the point.

Otherwise, Our Nation and Our Culture will be Dictated by 9 Unelected People! 

The point being is that Congress needs to step up and do its job as the Founding Fathers intended.  Since Obama was elected, Congress has shirked its duties and stopped passing budgets, allowed SCOTUS to modify legislation that the Congress should have done through the legislative process, and have allowed the President to create legislation via executive fiat.  Congress has the power of the purse and impeachment to use against an out-of-control Executive Branch and they must step up and exercise their duties as prescribed by the Constitution or we all lose. 

We cannot be dictated to by a President, or 9 unelected individuals on the Supreme Court. 

We need to get back to the basics and start acting like a real country again!

Congress-SCotus

RD Pierini

@RDPierini

 

((1)Judicial Power is defined as Authority, both constitutional and legal, given to the courts and its judges (1) to preside over and render judgment on court-worthy cases; (2) to enforce or void statutes and laws when scope or constitutionality are questioned (3) to interpret statutes and laws when disputes arise.)

(2) Case in point was when SCOTUS ruled that the individual mandate to purchase a Obamacare policy was in fact a TAX which is lawful for the Congress to levy rather than an individual mandated payment which is a violation of the Congressional authority under the Constitution.  Chief Justice rewrote Obamacare regarding the mandates when he concluded that: “Part III-B that the individual mandate must be construed as imposing a tax on those who do not have health insurance, if such a construction is reasonable.”  It is not reasonable! This all the while the Obama Administration, who helped create the bill, maintained that the individual mandate was NOT A TAX, because it did not meet the Constitution’s definition of what taxes could be levied by the Congress.  Roberts must have “divined” that Obama had a mental lapse and didn’t mean what he said!

 

Hat Tips

http://usconstitution.cc/

http://thelawdictionary.org/judicial-power/

https://en.wikipedia.org/wiki/List_of_amendments_to_the_United_States_Constitution

https://en.wikipedia.org/wiki/Marbury_v._Madison

http://www.outsidethebeltway.com/scotus-upholds-obamacare-mandate-as-tax-even-though-its-not-a-tax/

 

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