Tuesday, April 5, 2016

Congress Needs Balance Against the Supreme Court

___In 1857 the Supreme Court of the United States, SCOTUS, ruled that no black of African descent could be a citizen of the United States. The 14th Amendment to the United States Constitution (ratified 1868) says that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

___The purpose of the 14th Amendment was to undo the precedent of the 1857 SCOTUS decision. It was not to legalize abortion and same-sex marriage in all states or even to overrule the Florida Supreme Court in the 2000 Presidential election. It has become a gold mine for activist judges. The SCOTUS also ruled that detaining American citizens of German or Japanese descent in concentration* camps during WWII was legal. That same precedent would allow us to place American citizens of Muslim faith in concentration camps during the war on terror – which is a possible reason that the POTUS refuses to name jihadists as Islamist terrorists.

___We need to quit criticizing our founding fathers and begin appreciating and studying their creation instead. Rather than complain about gridlock in Washington, D.C., we need to thank those who stopped illegal actions. Some consider SCOTUS decisions as an end. The Congress can pass laws to correct illegal SCOTUS decisions. If you read dissenting opinions for the same-sex decision, then Justices are called elitist activists who are ignoring the very Constitution that they have sworn an oath to interpret. The 10th Amendment (ratified 1789 by our founding fathers) was ignored in favor of the 14th! It is certain that Madison, the primary author, had a better concept of the document than did the 1868 and 2015 justices!

___I recently saw protestors stomping on an American flag. That is a 1st Amendment right of free speech for citizens, but should these folks be citizens? Are they subject to the jurisdiction thereof? Normally the phrase refused American citizenship to those diplomats and their families with “diplomatic immunity” who had a baby while in the United States. I would also refuse American citizenship to those who disavow allegiance by desecrating an American flag or promoting a flag of another country. So think about that when people wave Mexican flags on cinco de mayo!

* The politically correct term is “internment” camps.

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