Post-Constitutional Governance

ELDER PATRIOT – The Supreme Court will be handing down their final 11 decisions of this year’s term, proclaiming what is and what isn’t Constitutional this week.  The decisions will be accompanied by rejoicing and angst according to which side of the aisle one identifies with, as though it still matters.


Supreme Court justices are accorded the respect of Oracles as though they are guided by the wisdom of God. Oh, but if that were only true our country would not be ruled by an elite group of bankers, corporate leaders and elected racketeers.  The Court members are political hacks appointed by the president expressly because of their allegiance to a political ideology.  This is routinely acknowledged in virtually every article discussing an upcoming decision that identifies the expected votes of each judge.  The predicted position is always follows the politics of the party’s president who appointed each judge.


Empowered with determining which laws and rulings does and doesn’t pass Constitutional muster, the Court has tied itself in knots over the years trying to square one politically motivated decision with another conflicting one.  Mark Levin has written a marvelous tome on this subject, “Men in Black.”


Take one of this week’s cases as an example, King v. Burwell.  Plaintiffs challenging Obamacare argue that the federal exchange,, doesn’t have the legal authority to distribute tax credits to states that haven’t set up their own insurance exchanges.


This case is only relevant because of a tortured decision written by Chief Justice John Roberts in the original challenge to Obamacare.  In National Federation of Independent Business v. Sebelius, Roberts wrote that it was not the responsibility of the Court to protect the people from the consequences of their electoral decisions.  That’s fairly incredible considering that courts are consistently overturning the will of the voters in finding same-sex marriages legal.


Many on the right feel it’s possible that Roberts was blackmailed into making the decision by facts surrounding the adoption of his children.  That would make him less of an oracle and more like every other run-of-the-mill politician in Congress.  His distress might have been softened by Obama’s media push in the weeks leading up to the decision being made public.  Or, he might’ve been swayed by the media onslaught.  Either way, his decision becomes less based on wisdom and more on politics, or worse.


It’s also possible that Roberts was deliberately writing the majority’s decision with an eye towards helping a future challenge be successful.  That has happened before and it is a strategy that would’ve gotten him off the hook while saving him from a family embarrassment.  This is stuff we’ll never know.


What is clear is Supreme Court decisions are made by men and women for personal and political considerations.  Appointed for life, Supreme Court Justices have been unchallenged no matter how unreasonable their decisions, or how mentally feeble they have grown with age.  Only one has been impeached but he was not removed from the bench.


Recent rulings regarding the Second Amendment add additional credence to the Court being nothing more than another political body controlled by others and often in conflict with the will benefit of the people.


The Second Amendment says in its entirety, A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”  In District of Columbia v. Heller the court upheld gun rights, but by the slimmest of margins, 5-4.  What were the four dissenting Justices basing their votes on?


Our Republic is being shaped by political decisions that are becoming more and more removed from the people’s wishes and control.  Clearly, there exists a Ruling Elite that will only be rendered powerless by removing their puppets from Congress and the White House.  For the benefit of our future generations we must vote everyone who has held elected federal offices out as soon as possible.  You owe it to your fellow countrymen.  You owe it to your progeny, born and unborn.