Wednesday, January 11, 2012

What's WRONG with the Supreme Court

Judgeship is not an Aristocracy style position. That is something that I have learned about what it should be. However, the opposite has seemed to become true, and the idea, while not expressed that way, is something believed by many people I know and respect. But to be blunt, they are wrong.

Here's the Breakdown:
The concept that the Supreme Court and Judges in general confirm or affirm the Supreme LAW OF THE LAND is a concept that is flawed. It allows no room for changing ideas and concepts of our society. The reason why we (and I mean the general concept of what is taught in our schools and believed by the mass of our society) believe this is based on the idea of the Constitution as a 'Living Document'. This is false hood based on the simple principle that it does not breath or have a mindset to adjust to the changing world. The Constitution was set as the BASIS of what we as a nation can guide our governing by. It's Principle's should be granite that help to guide us, generation after generation. Like Granite, it has been weathered away from the surface of what it was.

If you consider that the Supreme Court is the Law of the Land - then we would still have slavery and segregation within our society. The Supreme Court ruled on these as legitimate ideas and AGREED with them. Why can the Supreme Court make mistakes - because it is run by Human beings. Human beings by definition make mistakes.

The Constitution was developed to be difficult to change. It was meant to be resilient to the daily, weekly or even yearly winds of change. In fact, the Constitution was set to be able to withstand a decade long trend. With the increasing RISE OF THE SUPREME COURT in our society - we are expecting them to rule on everything. Both sides of the political spectrum are expecting the Supreme Court to be the great arbitrator. This is WRONG because they weren't meant to answer EVERY single aspect of society. They weren't meant to have EVERY answer. The Supreme Court was meant as the Arbitrator between the Congress and the President. Not as it's own legislative arm.

Yes, in my opinion there should be no Supreme Court Challenge to Obamacare - the should not have been a bunch of Supreme Court cases because they are based on the falsehood that the Supreme Court is the Supreme Law of the land - as if they trump the other two branches. That was NOT the intended purpose of the Supreme Court. It was not meant as a Supreme Law. It was meant as a check. The Legislature and Executive Branches are suppose to Check the Supreme Court. And ultimately - WE THE PEOPLE Check all Three with Amendments that we put into play through our states.

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