The Supreme Court is not supposed to be an agenda-forwarding body. The Supreme Court is not a political toy. It is not supposed to be a body that determines the future of the nation based on personal feelings, experiences, backgrounds, ethnicities, or any other personal fiat.
The job...the duty...the responsibility of a Supreme Court justice is to interpret the law as it applies to the Constitution. The Supreme Court is not a higher power than the Executive or Legislative branches of the federal government. No branch of government is supposed to answer to or beholden to the whims of nine people on the bench of the highest court in the land.
Supreme Court justices are supposed to be impartial to each case they hear. They are to take themselves out of the case and judge each case on its own merits, and apply applicable laws to the case. The laws from which they are to draw are supposed to be exclusively from the Constitution of the United States.
For the last century or so, the Supreme Court has veered far, far left of center and has led the way for activists to enact change in the United States, and, in the process, has usurped the powers of the legislative and executive branches of the federal government.
With the nomination of Judge Sonia Sotomayor, Obama has opened a Pandora's Box of issues with this Judge's idea of her responsibilities. As I am sure you have heard, Sotomayor made some questionable remarks about ethnicity and ability to judge cases.
First, I agree with the arguement that had the roles been reversed, no matter what the context, and a white male had said his experiences allow for wiser decisions that a Latin-American woman, he would be vilified until he would have to step down from any bench he could concievably sit upon. That man would no longer be able to touch a gavel in a United States court. A white man saying he is better at anything than a woman, minority, or a minority woman would lose everything he has ever worked for because he would be labeled, attacked, and crucified in the media and by even his closest political allies. Sotomayor, like any minority, gets a pass because white males have no rights and no protections from racist or hate comments. Its true. White males are not protected. We have no protections, no right to get upset, no inclination to fight and complain when we are attacked and left out for no other reason than our gender and color.
I can get over that. It's the hip thing to down white guys nowadays. We are the political whipping boys anymore. Fine.
My real problem with the comments is that Sotomayor is telling us that she relies on her background to interpret the law. Not her studies. Not her familiarity with precedents and the verbage of the Constitution (you know, the document that is the basis upon which ALL Supreme Court decisions should be made). Instead, because she is a Latin American woman, she has the experiences to make judicial decisions.
So, getting back to the original points at the beginning of this rant. The job of a judge, regardless of level, whether it be the Tazewell County Courthouse in Virginia, or the 9th Circut Court in California, or the US Supreme Court, is to use the words and meanings of the Constitution of the United States.
Not the laws of England. Not the governing documents of France or Germany. Not the laws and precedents of courts in South America, Europe, or Asia.
The US Constitution, and then the individual states' Constitutions.
Nothing else.
Not empathy for individuals. Empathy is fine, but it should not determine justice. Lady justice is blindfolded for a reason. She does not have one eye exposed to look down mercifully upon a purposed victim. Lady Justice weighs the evidence and the rule of law. That's it.
It is all well and good to show pity, empathy, and compassion on an individual basis. In fact, I encourage it. I think that it is truly American to help those in need when possible. I do not think it is the job of a Supreme Court justice to show caring and concern with their binding decisions on the court.
And neither did the framers.
Showing posts with label Supreme Court. Show all posts
Showing posts with label Supreme Court. Show all posts
Sunday, May 31, 2009
Tuesday, August 5, 2008
GOP...WAKE UP!
There are so few people out there hammering this home. It is time for the Republicans and Conservative to take this election. The time is NOW!
Nancy Pellosi and Dingy Harry Reid called for the summer vacation and shut down congress. Not such a big deal in most years. However, most years do not see gas hovering near $4 a gallon.
The big problem is that Pellosi, the Speaker of the House of Representatives, and also third in line behind George W. Bush and Dick Cheney, literally turned off the cameras, kicked out the press, and turned off the mics and lights in mid-session while Republican Representatives were trying to get an up-or-down vote on off-shore oil drilling.
Pellosi abused her position to avoid getting something positive done. She refused the chance to have the vote on a resolution that could set the groundwork to open up off-shore drilling.
In the two years since the Democrats have taken Congress, they have done NOTHING. They did give away billions of dollars in the tax rebate deal. We all loved that short-term, however, we will pay long-term.
The Dems have done NOTHING. They watched as oil climbed over 75% and did nothing to slow the skyrocketing costs of energy. They played games with war funding by trying to impose timelines and deadlines. They passed meaningless resolution after meaningless resolution that disagreed with President Bush's policies. They renamed post offices and bridges. They investigated baseball and football and pro wrestling.
Yet, Nancy Pellosi closed Congress for summer to avoid voting on a resolution that would only set groundwork for offshore drilling. Republicans were not asking for an immediate approval to start drilling. All Republicans wanted was to pass a resolution that set the idea in motion. In the busy schedule of softball interviews she had to get to, Pelosi just did not have time to try to ease the suffering of Americans at the pump, nor fend off the pending crisis this winter when Americans need heating oil.
Yet, there are not nearly enough Republicans in a all-out outrage over this situation. Pelosi just handed us Congress and the White House with this tactic. Are we ready to take back the leadership?
The next two months will tell. I hope we are. I truly hope Republicans get their heads out of the sand and start hammering the liberal twerps and take back Congress and the White House.
Nancy Pellosi and Dingy Harry Reid called for the summer vacation and shut down congress. Not such a big deal in most years. However, most years do not see gas hovering near $4 a gallon.
The big problem is that Pellosi, the Speaker of the House of Representatives, and also third in line behind George W. Bush and Dick Cheney, literally turned off the cameras, kicked out the press, and turned off the mics and lights in mid-session while Republican Representatives were trying to get an up-or-down vote on off-shore oil drilling.
Pellosi abused her position to avoid getting something positive done. She refused the chance to have the vote on a resolution that could set the groundwork to open up off-shore drilling.
In the two years since the Democrats have taken Congress, they have done NOTHING. They did give away billions of dollars in the tax rebate deal. We all loved that short-term, however, we will pay long-term.
The Dems have done NOTHING. They watched as oil climbed over 75% and did nothing to slow the skyrocketing costs of energy. They played games with war funding by trying to impose timelines and deadlines. They passed meaningless resolution after meaningless resolution that disagreed with President Bush's policies. They renamed post offices and bridges. They investigated baseball and football and pro wrestling.
Yet, Nancy Pellosi closed Congress for summer to avoid voting on a resolution that would only set groundwork for offshore drilling. Republicans were not asking for an immediate approval to start drilling. All Republicans wanted was to pass a resolution that set the idea in motion. In the busy schedule of softball interviews she had to get to, Pelosi just did not have time to try to ease the suffering of Americans at the pump, nor fend off the pending crisis this winter when Americans need heating oil.
Yet, there are not nearly enough Republicans in a all-out outrage over this situation. Pelosi just handed us Congress and the White House with this tactic. Are we ready to take back the leadership?
The next two months will tell. I hope we are. I truly hope Republicans get their heads out of the sand and start hammering the liberal twerps and take back Congress and the White House.
Cross References
2006 Elections,
2008 Elections,
conservative,
Democrat,
Economy,
Energy Independence,
gas prices,
George W. Bush,
Harry Reid,
Iraq War,
Liberal,
McCain,
Nancy Pellosi,
politics,
Supreme Court,
Voting
Tuesday, October 9, 2007
Justice Clarence Thomas
What do you know about Justice Clarence Thomas? Are your only images of this man those of the confirmation hearings over a decade and a half ago?
Perhaps your impressions of Justice Thomas are inspired only by the slanted media presentation of this man. Perhaps you only know what the likes of staunch liberal newspeople like Dan Rather, Katie Couric, Chris Matthews, or the entire editorial staff of the New York Times WANTS you to think.
I encourage you to either buy or, if you feel you do not want to spend money on it, borrow from your local library "My Grandfather's Son." It is Justice Thomas's autobiography. It is the truth, the whole truth, and nothing but the truth, in his own words.
Justice Thomas did not come from a well-to-do, or even a middle-class family. He came from the humblest of roots. He didn't need the government to tell him he was being held back because of his color. He overcame it all, despite the racism and the hatred people of color dealt with in his formitive years. He overcame people like democratic leaders senator Al Gore, Sr., who voted time and time again to stop the Civil Rights Acts. He overcame the hatred of the Klan, which included future senator Robert Byrd.
Yet, you do not know this. You only know him as an "Uncle Tom," as he has been called. You only know him for "the scandal that wasn't" in his confirmation hearings.
Read the book, or just catch him in one of his interviews of late. See just how intelligent, well spoken, and truly decent and humble this man is.
We should be proud to have this man on the Supreme Court. He knows why he is there. He understands what his job is. He is not a legislator. He is merely there to interpret current law as it applies to the cases he sees.
Justice Clarence Thomas is a prime example of what a man can do if he tries. If he applies himself to making himself better. He is at the pinnacle of his career because he deserves it. And he deserves the respect of all of us. Whether you are liberal, conservative, middle of the road...whether you agree or disagree with his views...this is a man worthy of respect.
Cross References
conservative,
Justice Clarence Thomas,
Supreme Court
Wednesday, July 20, 2005
Justice John Roberts Confirmation Battle
DING DING DING!!!
In this corner...standing 6 feet, from Buffalo, New York...with an incredible record and ample qualifications...the nominee for the vacant seat on the Supreme Court...Justice John G. Roberts, Junior! Junior!!
And in this corner...his opponents....the party of no platform...the party of obstruction...the party who wants judges to legislate from the bench....the challengers to every move George W. Bush makes...the undisputed losers of the 2000, 2002, and 2004 elections....the Democrat Liberals! Liberals!
Ladies and gentlemen...Are you rrrrrrrrrrrrready???? For the sake of the Constitution, and thousands of generations to come....LET'S GET READY TO FILIBUSTER!!!!!!!!!!!!!
Well, I guess we do need Michael Buffer to get this thing started. Let me get this straight and catch everyone up.
Sandra Day O'Connor leaves the bench of the Supreme Court at the end of June. Within days, liberal groups like MoveOn.org and Planned Parenthood go into hyperactive, extra chocolate to a 4 year old mode. They are raising money to combat ANY nominee George Bush sends to slaughter...I mean, confirmation.
Special interest groups trying to influence a nomination for the Supreme Court with a grass roots campaign? WHAT?? Grass roots campaigns are efforts to get your guy (or gal) elected. If you fail, sorry, thanks for playing...what do we have for them Bob? The ELECTED president has the right, the power, to nominate whomever he chooses. That is the beauty and the spoils of running a clean campaign and letting personal and vicious attacks roll off you like water on a ducks back. Bush won...decisively...and the libbies refuse to accept it. Instead of recoiling and regrouping, they keep swinging like a drunk at an imaginary piňata.
The good news is, they are looking like total jackasses...especially with YEAAAAAAAAAAAAAAAAAAAAAAAAAAAA!!! Howard Dean in charge.
The bad news is, a minority is holding up the progress of the ELECTED MAJORITY. So, while the 60 million who proudly cast the Red State votes are stuck in a stalemate, the liberals salivate over ever snag they can put into the agenda of GWB.
Back to topic...Judge John G. Roberts, Jr. We knew whomever Bush selected (with the exceptions of Bill or Hillary, Michael Moore, Howard Dean, Usama Bin Laden, Adolph Hitler, or Barbara Streisand) would be sliced and diced, pureed and whipped, and stuck in limbo as much as possible...the future of the country be dammed. We knew this just hours after O'Connor resigned.
We knew we were in for a struggle when Ted "HIC" Kennedy put down the whiskey long enough to tell us that he was going to make certain that O'Connor's replacement will fight for the rights of the individual and not take away people's rights. Ok, let me explain this.
LEGISLATORS fight for people's rights, for individual freedom...not justices. Justices apply the law to the constitution...apply circumstances to the Constitution. Justices are not supposed to determine policy and law from the bench...only the constitutionality of a law and how the law affects the people. Justices do not fight. They weigh. They weigh evidence, facts, expert opinions, and the word of law. Justices to not fight for people...Legislators do.
So, what the drunk lady killer is trying to admit to in his inebriated stupor is this: If we (the democrats) cannot win an election...we want our legislation done by the ladies and gentlemen in the black robes.
This is going to be a eventful couple of months. Roberts' résumé is spotless and impressive. His record in the courtroom is impeccable. If the democrats were a fair, reasonable bunch, the up or down vote would be done well in advance of October, when the Supreme Court reconvenes.
However, because the liberals hate Bush...hate his aggressive, positive agenda...and hate conservatives...the libbies are going to do everything possible to prevent a smoot, successful transition. Instead, fillibusters will be used. Delay and stall tactics will be used. Everything and anything they can do to slow Bush's second term, consider it done.
I wish the liberals would wake up and smell what their shoveling. I love what their doing because it hurts them in future elections.
I hate what their doing because they are damaging my country right now.
In this corner...standing 6 feet, from Buffalo, New York...with an incredible record and ample qualifications...the nominee for the vacant seat on the Supreme Court...Justice John G. Roberts, Junior! Junior!!
And in this corner...his opponents....the party of no platform...the party of obstruction...the party who wants judges to legislate from the bench....the challengers to every move George W. Bush makes...the undisputed losers of the 2000, 2002, and 2004 elections....the Democrat Liberals! Liberals!
Ladies and gentlemen...Are you rrrrrrrrrrrrready???? For the sake of the Constitution, and thousands of generations to come....LET'S GET READY TO FILIBUSTER!!!!!!!!!!!!!
Well, I guess we do need Michael Buffer to get this thing started. Let me get this straight and catch everyone up.
Sandra Day O'Connor leaves the bench of the Supreme Court at the end of June. Within days, liberal groups like MoveOn.org and Planned Parenthood go into hyperactive, extra chocolate to a 4 year old mode. They are raising money to combat ANY nominee George Bush sends to slaughter...I mean, confirmation.
Special interest groups trying to influence a nomination for the Supreme Court with a grass roots campaign? WHAT?? Grass roots campaigns are efforts to get your guy (or gal) elected. If you fail, sorry, thanks for playing...what do we have for them Bob? The ELECTED president has the right, the power, to nominate whomever he chooses. That is the beauty and the spoils of running a clean campaign and letting personal and vicious attacks roll off you like water on a ducks back. Bush won...decisively...and the libbies refuse to accept it. Instead of recoiling and regrouping, they keep swinging like a drunk at an imaginary piňata.
The good news is, they are looking like total jackasses...especially with YEAAAAAAAAAAAAAAAAAAAAAAAAAAAA!!! Howard Dean in charge.
The bad news is, a minority is holding up the progress of the ELECTED MAJORITY. So, while the 60 million who proudly cast the Red State votes are stuck in a stalemate, the liberals salivate over ever snag they can put into the agenda of GWB.
Back to topic...Judge John G. Roberts, Jr. We knew whomever Bush selected (with the exceptions of Bill or Hillary, Michael Moore, Howard Dean, Usama Bin Laden, Adolph Hitler, or Barbara Streisand) would be sliced and diced, pureed and whipped, and stuck in limbo as much as possible...the future of the country be dammed. We knew this just hours after O'Connor resigned.
We knew we were in for a struggle when Ted "HIC" Kennedy put down the whiskey long enough to tell us that he was going to make certain that O'Connor's replacement will fight for the rights of the individual and not take away people's rights. Ok, let me explain this.
LEGISLATORS fight for people's rights, for individual freedom...not justices. Justices apply the law to the constitution...apply circumstances to the Constitution. Justices are not supposed to determine policy and law from the bench...only the constitutionality of a law and how the law affects the people. Justices do not fight. They weigh. They weigh evidence, facts, expert opinions, and the word of law. Justices to not fight for people...Legislators do.
So, what the drunk lady killer is trying to admit to in his inebriated stupor is this: If we (the democrats) cannot win an election...we want our legislation done by the ladies and gentlemen in the black robes.
This is going to be a eventful couple of months. Roberts' résumé is spotless and impressive. His record in the courtroom is impeccable. If the democrats were a fair, reasonable bunch, the up or down vote would be done well in advance of October, when the Supreme Court reconvenes.
However, because the liberals hate Bush...hate his aggressive, positive agenda...and hate conservatives...the libbies are going to do everything possible to prevent a smoot, successful transition. Instead, fillibusters will be used. Delay and stall tactics will be used. Everything and anything they can do to slow Bush's second term, consider it done.
I wish the liberals would wake up and smell what their shoveling. I love what their doing because it hurts them in future elections.
I hate what their doing because they are damaging my country right now.
Cross References
American Pride,
conservative,
Democrat,
Harry Reid,
Hillary Clinton,
Howard Dean,
Justice Clarence Thomas,
Justice John Roberts,
news,
politics,
society,
Supreme Court
Tuesday, April 12, 2005
Unbridled Courts
Ok, maybe I am a little bit over the top and a little passionate about what I think and feel. For those that accuse me of going with the Rush-Hannity-Coulter-etc. talking points, I only want to say that at least our talking points aren't made up...we use something that is called fact.
I think the courts today are out of control. There are no checks and balances between the legislative and judicial or executive and judicial. The judicial has been allowed to take control with no way to control it. Judges today are allowed to be above the law of the land, above the legislative branch, above even the president.
When the US Congress passes a piece of legislation that allows the courts one final opportunity to review a case of life and death importance, and those courts refuse that opportunity, while at the same time taking 14 hours to create a 13 page document that takes cheap shots and swipes at the people concerned about the case, the Congress, and the President...14 hours that could have been used to actually review the case and save a life...then that judiciary needs to be reassessed.
There is nothing wrong with reassessing and, possibly, revamping our legal system. That is the beauty of our country's constitution...there is room for error and room to correct those errors.
I want those errors corrected. I want a judiciary that answers to someone. I want a judiciary that interprets the law according to the law and not their own beliefs. I want a judiciary that won't give a multi-million dollar settlement to a criminal who was injured while breaking into someone's home. I want a judiciary that will use the law to protect the innocent and condemn the guilty. I want a judiciary that rules on case-by-case basis and not blanket solutions. I want a judiciary that has a touch of humanity and humility.
I think I am not alone on that.
I think the courts today are out of control. There are no checks and balances between the legislative and judicial or executive and judicial. The judicial has been allowed to take control with no way to control it. Judges today are allowed to be above the law of the land, above the legislative branch, above even the president.
When the US Congress passes a piece of legislation that allows the courts one final opportunity to review a case of life and death importance, and those courts refuse that opportunity, while at the same time taking 14 hours to create a 13 page document that takes cheap shots and swipes at the people concerned about the case, the Congress, and the President...14 hours that could have been used to actually review the case and save a life...then that judiciary needs to be reassessed.
There is nothing wrong with reassessing and, possibly, revamping our legal system. That is the beauty of our country's constitution...there is room for error and room to correct those errors.
I want those errors corrected. I want a judiciary that answers to someone. I want a judiciary that interprets the law according to the law and not their own beliefs. I want a judiciary that won't give a multi-million dollar settlement to a criminal who was injured while breaking into someone's home. I want a judiciary that will use the law to protect the innocent and condemn the guilty. I want a judiciary that rules on case-by-case basis and not blanket solutions. I want a judiciary that has a touch of humanity and humility.
I think I am not alone on that.
Cross References
conservative,
Liberal,
news,
politics,
responsibility,
Rush Limbaugh,
Sean Hannity,
society,
Supreme Court
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About Me...And This Blog Site...
My name is David A. Ebert, the oldest of two siblings produced by my parents, Leah and David G. Ebert. We are all Republicans, but I take it a toke or two...well, closer to 10 tokes...further than my parents,
I am very much a Right Wing Conservative. I am a Reagan Conservative. I believe Americans, in general, are smarter than elected officials in Washington, DC. We should be more in charge than the Government.
We, as individuals and families, should have more responsibility over our own, hard-earned money and not send more and more and more taxes to the out-of-touch politicians. I believe the government is there to serve us, and not us to serve them.
I believe in America's greatness and that, overall, we are the most generous, forgiving, intelligent, and genuinely decent country in the world. I also believe that we are the most powerful nation in the history of the world, but do not use that power to hold over the collective heads of other nations.
I believe that low taxes, intelligent spending of those tax revenues, strong initiatives on defense and education, and small government influence on the day-to-day lives of Americans are some of the most important ideals related to how the US should be operated.I believe in the freedoms granted by the US Constitution. I believe that judges should uphold and interpret the laws as written in the US Constitution, and not refer to any foreign legislation to make their historic decisions.
I believe the First Amendment, as well as the entire Bill of Rights, are the most important laws this world has ever seen.
I believe abortion is WRONG. I believe that homosexuality is WRONG. I believe that allowing anyone to publicly debate the possibility of lowering the age of consent, especially for young boys to consent to older men, is a tragedy of morality. I believe that organizations like NAMBLA should be publicly shunned and not given a platform to spew their harmful and dangerous rhetoric.
I believe there is a sad lacking in the ability of our nation to appreciate and accept self responsibility. We, as a nation, blame daddy, racism, sexism, classism, mommy, the mean teacher, the mean little league coach, the loud mouthed uncle, the financial status of the neighborhood in which we grew up in, and a million and one other reasons why we do not succeed. How often do we, as a nation, take the blame for our own mistakes? How often do you hear someone accept responsibility for their own mistakes? How often?
I am conservative. I am worried about the future of the country and the planet, especially if O-BOMB-A or Billary Clinton make it to 1600 Pennsylvania Avenue. I will start posting my fears, my hopes, my ideas as they all relate to news and politics. I hope to open some eyes and change some opinions with my writings. Most of all, I hope you will read my words and be inspired to find the truth...and not rely on Chris Matthews or Keith Olberman or Katie Couric or Matt Lauer for your opinions. I hope you will break the mold and do something unreal...unexpected...do something that O-BOMB-A and Billary are afraid of you doing...
THINK FOR YOURSELF.
I am very much a Right Wing Conservative. I am a Reagan Conservative. I believe Americans, in general, are smarter than elected officials in Washington, DC. We should be more in charge than the Government.
We, as individuals and families, should have more responsibility over our own, hard-earned money and not send more and more and more taxes to the out-of-touch politicians. I believe the government is there to serve us, and not us to serve them.
I believe in America's greatness and that, overall, we are the most generous, forgiving, intelligent, and genuinely decent country in the world. I also believe that we are the most powerful nation in the history of the world, but do not use that power to hold over the collective heads of other nations.
I believe that low taxes, intelligent spending of those tax revenues, strong initiatives on defense and education, and small government influence on the day-to-day lives of Americans are some of the most important ideals related to how the US should be operated.I believe in the freedoms granted by the US Constitution. I believe that judges should uphold and interpret the laws as written in the US Constitution, and not refer to any foreign legislation to make their historic decisions.
I believe the First Amendment, as well as the entire Bill of Rights, are the most important laws this world has ever seen.
I believe abortion is WRONG. I believe that homosexuality is WRONG. I believe that allowing anyone to publicly debate the possibility of lowering the age of consent, especially for young boys to consent to older men, is a tragedy of morality. I believe that organizations like NAMBLA should be publicly shunned and not given a platform to spew their harmful and dangerous rhetoric.
I believe there is a sad lacking in the ability of our nation to appreciate and accept self responsibility. We, as a nation, blame daddy, racism, sexism, classism, mommy, the mean teacher, the mean little league coach, the loud mouthed uncle, the financial status of the neighborhood in which we grew up in, and a million and one other reasons why we do not succeed. How often do we, as a nation, take the blame for our own mistakes? How often do you hear someone accept responsibility for their own mistakes? How often?
I am conservative. I am worried about the future of the country and the planet, especially if O-BOMB-A or Billary Clinton make it to 1600 Pennsylvania Avenue. I will start posting my fears, my hopes, my ideas as they all relate to news and politics. I hope to open some eyes and change some opinions with my writings. Most of all, I hope you will read my words and be inspired to find the truth...and not rely on Chris Matthews or Keith Olberman or Katie Couric or Matt Lauer for your opinions. I hope you will break the mold and do something unreal...unexpected...do something that O-BOMB-A and Billary are afraid of you doing...
THINK FOR YOURSELF.
Cross Referencing My Blogs
- Liberal (77)
- politics (68)
- Obama (67)
- society (62)
- Democrat (57)
- conservative (56)
- 2008 Elections (55)
- news (54)
- Republican (39)
- Left-wing Media bias (27)
- Nancy Pellosi (23)
- Economy (22)
- McCain (21)
- Hillary Clinton (19)
- Terrorism (19)
- 2009 Socialism (18)
- 9/11 (17)
- Our Troops (17)
- George W. Bush (16)
- Iraq War (16)
- gas prices (16)
- Energy Independence (15)
- children (15)
- Harry Reid (14)
- Racism (14)
- Voting (14)
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- marriage (7)
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