.
12/12/13: "If RINOs are not replaced, and if a genuine opposition
party is not established, nothing can save the Constitution-or the
representative democracy and freedoms that are the heritage of this
country." (end of article)
12/12/2013, "The Nuclear Option: Misplaced Conservative Outrage," American Thinker, by Lester Jackson
Much nuclear option harrumphing has been due to this: the D.C. Circuit had nullified a few
of the massive abuses of power by arrogant Obama bureaucrats. In order
to accelerate such abuses, Obama and his Senate lackeys want to pack
that Court with leftist ideologues, expected by liberals and
conservatives alike to outvote the current judges.
Well, wake up and smell the coffee. Under old Senate rules, justices have been put on the Supreme Court to rubber-stamp
and provide faux legitimacy to metastasizing unconstitutional,
legislatively created federal bureaucratic minority tyranny since the
New Deal. In league with minorities unable to prevail democratically (i.e., using persuasion, elections, and legislation), as few as five lawyers willfully and with contempt for the Constitution, exercising what Justice White called "raw judicial power," have imposed unpopular personal elitist morality upon an often overwhelming majority of the people.
Before
fretting over appointment of out-of-control judges on lower courts,
consider those on the highest court appointed long before the nuclear
option. Thanks to these actors, only "favored" minorities and the
ruling class have rights, crushing those of "disfavored" minorities and
the majority..
Consider a few among limitless examples.
Violent Crime. The
most depraved individuals have unwarranted protections inconceivable to
a largely unsuspecting public, while law-abiding victims are treated
with contempt. Many justices have such fanatic devotion to savage
criminals that they callously inflict immense torture upon the victims,
compounding their initial trauma. Victims were once thrown out of court
completely and may again suffer that indignity, based solely on what
Justice Thurgood Marshall candidly declared to be new justices. The worst barbarians have been rewarded with a hallucinated "constitutional" right to commit additional
depravity (including murders) with no punishment whatsoever. Moreover,
rare capital punishment occurs only after judicial tyrants have exacted
the utmost agony from publicly forgotten victimized families. This
year, two multiple-murderers were finally executed for homicides 36 years
earlier -- a period far longer than many victims live, and during which
loved ones must needlessly endure the excruciating torment of
repeatedly reliving their worst nightmares.
.
Discrimination. In 1954, beseeched (40) by professed opponents
(26) of discrimination, the Supreme Court unanimously accepted the
first Justice Harlan's solo 58-year-old dissent declaring that the 14th Amendment mandated a colorblind society. (Although the 1954 decision did not use the term "colorblind," it was widely accepted that that was its essence. Moreover, ten years later, reflecting the prevailing view at the time, the Civil Rights Act explicitly banned ethnic, religious, and sex classifications.)
After it turned out that those complaining about discrimination really were disturbed only that they
were not doing the discriminating, the Court again pivoted, holding it
constitutional to discriminate after all -- against Caucasians, Asians,
and men. Indeed, some justices overtly distinguish between good
discrimination ("benign," against "disfavored" whites, Asians, and men)
and bad ("malign," against "preferred" groups). Justice Thomas denounced
the distinction as "noxious ... poisonous and pernicious," turning on
"whose ox is gored." This established the very quotas guaranteed to be
prohibited by sponsors of specific 1964 Civil Rights Act language to
this end. The resulting Orwellian state of affairs is that true
discrimination opponents are pilloried, with decades of high court
approval, as racists and sexists by advocates of a spoils system based
on race and sex classifications supposedly prohibited by both the
Constitution and the Civil Rights Act -- a system so corrupt that rabid leftist Elizabeth Warren successfully falsified her ethnic heritage to advance her path to the U.S. Senate.
War against the Religious. "We are a religious people[,]" the Court once acknowledged. Nevertheless,
for more than 60 years, tiny "offended" minorities and lone
individuals, aided by justices, often no more than five lawyers out of a
population of 200-300 million, have subverted the First Amendment
guarantee of "free exercise" of religion. Thus, Justice Kennedy, on
behalf of four justices, accused
five justices of "an unjustified hostility toward
religion[.]" Portraying justices' unpredictable, detailed religion
regulations as "some ghoul in a late-night horror movie," Justice Scalia wrote a dissent
that would be hilarious if it did not reveal how a minuscule minority
exercises tyranny over both other minorities and the majority as
well. Frequent hair-splitting occurs, as usually divided justices idiosyncratically give thumbs up and thumbs down to various religious displays.
Property Rights. Chief Justice Rehnquist objected to property rights being "relegated to the status of a poor relation." Starting with Wickard v. Filburn
(penalizing a farmer for growing wheat on his own farm for his own use)
and culminating in the infamous 5-4 ObamaCare rationalization, limits
on federal power, on matters approved by five elite lawyers, have been
virtually eliminated by abusing the Constitution's commerce and tax powers, as well as the due process and equal protection
clauses. Under one notorious fiat, the property of no person lacking
influence is safe from corrupt government officials seeking to transfer
said property to the powerful. As Justice O'Connor dissented (13) in Kelo v. New London (emphasis
added): "The beneficiaries are likely to [have] disproportionate
influence and power[.] ... [T]he government now has license to transfer
property from those with fewer resources to those with more. The
Founders cannot have intended this perverse result."
But when it comes to perversity, nothing can top...
ObamaCare. After
being publicly threatened by President Obama and Senate Judiciary
Committee Chairman Leahy, Chief Justice Roberts had the effrontery to blame the voters in justifying his thoroughly disingenuous
cave-in upholding this law, now inflicting hardships on growing
millions of Americans. Nevertheless, there can be no better
illustration of tyranny of a corrupt willful minority than this "act of government mayhem." Neither
Senator Obama nor a muzzled Speaker Pelosi campaigned for this in 2008;
Mitt Romney largely ignored it in 2012. Once unleashed, Pelosi
famously declared that the 2,400-page legislation had to be enacted to find out what was in it (bureaucratic license to excrete 11,000 pages of authoritarian regulations, many unfathomable). Is there anyone so deluded by ideology or partisanship as to believe
that anywhere near a majority of the people ever sought or approved
this monstrosity? Indeed, when ObamaCare was a major issue, in 2010,
Republicans decisively captured the House.
The
only reason for continuation of this unpopular disaster is
tyranny. And this is tyranny not of the majority, but of the ruling
class -- executive, legislative, judicial and media. According to Dick
Armey, when leftist ideologue George Miller was told most people did not
want a prior ObamaCare version, the latter replied
that they were going to get it "whether they want it or not." Rep.
Miller claims to not remember, but this is exactly what happened!
***
Let's
not delude ourselves. The filibuster has prevented a few bad Senate
actions (and many good ones). However, it has not protected the people
against ever-increasing federal power -- power abused with reckless
abandon well before abuse on steroids by Obama.
Thus,
it would be highly ill-advised to so exalt the filibuster that
purportedly outraged Republicans attempt to restore it. An ominous
reaction to the nuclear option came from Republican Senator Flake:
"That's what I fear. I fear that once Republicans get the majority,
it's very tough to tell the base that you're going to diminish your own
authority." (Flake is an ObamaCare enabler.) Can
anything better show what's wrong with RINOs? This man not only cowers
at exercising his existing power, but he fears that he might not be
able to reduce it!
Many
of today's worst problems are due not just to aggressive leftist
Democrats who will stop at nothing, but also to timid RINOs who stand
for nothing. Although Senator Flake fears that a Republican majority
will not restore the filibuster, what the rest of us should fear is the
fear of the likes of Senator Flake.
It
is galling that John Boehner became speaker in 2011, because Tea Party
Republicans campaigned on a promise to avert the current ObamaCare
disaster. In January 2011, Obama had not yet been re-elected, and the
House Republican mandate was at its pinnacle. All Republicans had to do
was not vote for money to implement ObamaCare. It is absolutely absurd to say that this required approval of the president or the Senate. The Constitution is crystal-clear:
if the House refuses to vote for appropriations, there is nothing
anybody else can do about it except scream to high heaven, much as
Republicans have done over the nuclear option. (Democrats do not care
who screams and how loud; RINOs quake at the very prospect.)
.
Future
historians will have ample reason to conclude that the great tragedy of
the Obama dictatorship was not the demise of the filibuster, but that,
at a critical moment, House leaders blocked fulfillment of the very
promise that made them leaders.
As
for filibustering to block judges who would legitimize further
unconstitutional abuse of power, never forget Chief Justice
Roberts. Those who revere the Constitution and were shocked by ObamaCare's intimidated savior should remember this: reliance on judges is gambling. Heed Judge Learned Hand's warning that we "rest our hopes too much upon constitutions, upon laws and upon courts. These are false hopes." .
Above
all, remember that President Obama is able to abuse power only because
the RINO-led House timidly refuses to constitutionally block money for
such abuse. If RINOs are not replaced, and if a genuine opposition
party is not established, nothing can save the Constitution -- or the
representative democracy and freedoms that are the heritage of this
country.
.
Lester Jackson, Ph.D., a former college political science teacher, views mainstream media truth suppression as essential to harmful judicial activism. His recent articles are collected here."
=======================
From Codevilla piece linked above:
July-August 2010 issue, "America’s Ruling Class — And the Perils of Revolution," Angelo Codevilla
"As over-leveraged investment houses began to fail in September 2008,
the leaders of the Republican and Democratic parties, of major
corporations, and opinion leaders stretching from the National Review magazine (and the Wall Street Journal) on the right to the Nation
magazine on the left, agreed that spending some $700 billion to buy the
investors' "toxic assets" was the only alternative to the U.S.
economy's "systemic collapse." In this, President George W. Bush and his
would-be Republican successor John McCain agreed with the Democratic
candidate, Barack Obama. Many, if not most, people around them also
agreed upon the eventual commitment of some 10 trillion nonexistent
dollars in ways unprecedented in America. They explained neither the
difference between the assets' nominal and real values, nor precisely
why letting the market find the latter would collapse America. The
public objected immediately, by margins of three or four to one.
When
this majority discovered that virtually no one in a position of power
in either party or with a national voice would take their objections
seriously, that decisions about their money were being made in
bipartisan backroom deals with interested parties, and that the laws on
these matters were being voted by people who had not read them, the term
"political class" came into use. Then, after those in power changed
their plans from buying toxic assets to buying up equity in banks and
major industries but refused to explain why, when they reasserted their right to decide ad hoc
on these and so many other matters, supposing them to be beyond the
general public's understanding, the American people started referring to
those in and around government as the "ruling class." And in fact
Republican and Democratic office holders and their retinues show a
similar presumption to dominate and fewer differences in tastes, habits,
opinions, and sources of income among one another than between both and
the rest of the country. They think, look, and act as a class."...
.
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