Showing posts with label judicial retention elections. Show all posts
Showing posts with label judicial retention elections. Show all posts

Saturday, June 27, 2015

Ted Cruz, Constitutional Remedies to a Lawless Supreme Court

Writing for the National Review the adjective there, lawless, says Ted Cruz is throwing down the gauntlet. He summarizes conservative grievances with the important court decisions of the week past.

Ted Cruz states outright the justices violated their judicial oaths by rewriting Obamacare again in order to save a failed law and then by close decision that not only redefines marriage but also undermines the foundation of representative government. Now 320 million people are ruled by a 9-member council, unelected and with lifetime terms. 

Ted Cruz insists the judicial activism is lawless.

Hang on. That déjà vu thing is happening again really hard this time.

Ted Cruz reiterates everything that flooded social media last week, that words have no meaning when the term "established by a state" means "established by the state", the difference there is between indefinite article and definite article, a/the but bearing on common low-level confusion about federalism meaning more power with states and less power in unifying layer of federal government. Common as that. Cruz takes up the term SCOTUSCare. He commiserates his party will pretend anger but is actually complicit.

Ted Cruz offers subversion. He's already introduced a constitutional amendment to preserve authority of elected state legislatures to define marriage...

Talk about a lost cause. 

... and stripping federal courts of jurisdiction over legal assaults on marriage. Also repeal Obamacare. 

What, I thought it's called SCOTUSCare now. Make up my mind.

"But there is a broader problem: The Court's brazen action undermines its very legitimacy."

Finally, we're at what we came for. 

Ted Cruz  cites Justice Scalia, hubris, pride, fall, with each step the court takes that makes decisions properly left to the People themselves, and not based on law but on "reasoned judgment" of a bare majority the court moves one step closer to being reminded of their impotence.

Cruz claims the Court's decision is not tied to reason and logic, that they are alien to our constitutional system by redefining the meaning of common words and redesigning the most basic human institutions. The court crossed from activism to oligarchy.

Cruz harbors a list of grievances against the Supreme Court. 

* condemned millions innocent unborn to death
* banished God from schools and public squares
* extended constitutional protections to prisoners of war on foreign soil
* authorized confiscation of property of one private owner to transfer to another
* now, required all Americans to buy specific product
* force all AMericans to accept redefinition of institution ordained by God and long predating the Court

Many attempts have been made to compel the Court to Constitutional fidelity but as Justice Alito said, "Today's decision shows that decades of attempts to restrain this Court's abuse of its authority have failed." 

I am looking for Ted Cruz's remedies. 

Ted Cruz reiterates the history of states passing laws to be superseded by higher courts. He reiterates the contortion of rewriting important law so that they can be considered legal. He asserts the early framers did not anticipate judicial tyranny on this scale. He insists the justices are not meeting the constitutional provision that justices "shall hold their Offices during good Behavior" and they are far from meeting this standard. Cruz discusses more of what the framers did and did not anticipate.

Whoa. Skip, skip, skippity-skip looking for Ted Cruz's remedies, this: "The decisions that have deformed our constitutional order and have debased our culture are but symptoms of the disease of liberal judicial activism that has infected our judiciary."

Them's fight'n words. I like. 

Cruz notes twenty states adopted a form of judicial retention elections allowing people to pass judgment of the judgement of their judges. He notes also California removed three activists that repeatedly contorted the state constitution to effectively outlaw capital punishment no matter how bad the crime. So too did Nebraska remove a judge that overturned a law subjecting legislators to term limits. Iowa removed three judges who had, like the Supreme Court justices, invented constitutional rights.

So that's it then. Judicial retention elections. The next five paragraphs support this idea.