Monday, July 25, 2005

Supreme Court Moving Backwards?

Our local New York Times has yet printed another Left Wing editorial. I suppose we truly live in the postmodern era when words and labels have lost their meaning altogether. Did you know that Justices Antonin Scalia and Clarence Thomas are activists while Sandra Day O'Connor is a conservative?

In a recent public discussion, Antonin Scalia stated that it is wrong for the High Court to cite foreign law in order to interpret the Constitution. How is that being an activist? Sandra Day O'Connor says that Roe v. Wade is Constitutional when every first year law student knows that it is one of the poorest and easily assailable decisions in American Jurispridence. Hence, we now live in a time when things are backwards.

So let us back up and define words from a conservative viewpoint. A conservative defines a "judicial activist" as someone who interprets the Constitution with modern theories that reject any idea of original intent. In this way the Constitution can be turned into a ball of wax and made to mean anything the High Court desires.

An "originalist" is someone who interprets the Constitution from the viewpoint of original intent. In this method of interpretation, if the people (and not the courts) desire to change the law, it must be done via "the normal legislative means" and not by judicial fiat. The Left in this country hate the "normal legislative means" and therefore are "circling the wagons" around one of their last bastions of institutionalized Liberalism, the courts.

The Left seems to truly believe that conservatives are turning back the clock on certain liberties. If the Court may grant those liberties, why can they not take them back? In my opinion, granting man the power to give liberty is not advancing freedom, but instead giving to man what belongs to God. Is that not what man's religions do best? Did we not leave the King of England in order to advance Human rights as coming from God?

The Colonies recognized that true freedom is granted by God, and they "advanced" the evolution of Law and Liberty with their understanding of God's truth. My family celebrates the Fourth of July by repeating a phrase that was said througout the Colonies during the Revolution. "No King, But King Jesus!"

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