The 'fairness' of the US Supreme Court
By Frank Salvato
In the aftermath of oral arguments in both the Patient Protection & Affordability Care Act and Arizona SB1070 cases at the United States Supreme Court, many in the mainstream media, as well as the many so-called political strategists of the Left, are setting the stage for a political inoculation. Progressive and Democrat pundits and operatives alike are declaring that should Obamacare be rendered impotent, and should the SCOTUS uphold Arizona's immigration and border protection law, it would all be the doing of Right-Wing judicial activism. While this rhetoric may be a winning strategy politically, it is, nonetheless, what Progressives and committed Liberals believe.
The idea that the Supreme Court might be "fair" or "unfair" in establishing the constitutionality or unconstitutionality of any given case is a matter of perception. The frailty of the human ego – along with the pomposity of ignorance and the intellectual limitations of the constitutionally illiterate mind, sadly, facilitate the belief, by some of the more ardently political that should the Supreme Court rule in a way that does not run in lockstep with their political belief system, somehow the ruling is "activist." And while I freely admit that the scourge of judicial activism does indeed exist, at the level of the US Supreme Court the action (or inaction) is quite rare.
Granted, each Supreme Court Justice possesses his or her own political ideology, but such is the nature of deliberative bodies stewarded by human beings. It is for this reason that great care needs to be taken by Presidents in making nominations to the United States Supreme Court. It is for this reason that pure ideologues and special interest operatives should be resolutely rejected from consideration for the bench by the United States Senate and not "rubber-stamped" as giving the President his due. And it is for this reason that both past Presidents and members of the Senate have failed the American people by allowing ideologues and special interest nominees to have reached the bench.
But, it is also the reason why we, as a people, have to eradicate the intellectual diseases known as constitutional illiteracy and political correctness. The combination of these two maladies leads to a society ignorant of the truths of the philosophies used by our Framers to craft the Charters of Freedom. When we, as a people, become blind to the truths about the philosophies used to guard liberty, individual rights and freedoms – and when this ignorance is supercharged by the shadow governance of political correctness – we facilitate a dangerously powerful Progressive Movement, which sees little use in adhering to the limitations of the United States Constitution or honoring the founding tenets of the Declaration of Independence as intended by our Framers; limitations and tenets crafted to preserve the rights of the individual over the tyranny of the State.
Disturbingly, the tentacles of the Progressive Movement – the sharpened talons of a scavenger beast dedicated to centralizing power at the federal level and establishing a Socialist Democracy, run by an elitist oligarchy, where a Constitutional Republic once stood – have reached into every facet of our society. From the education system (which is now completely dedicated to social engineering), to the Justice Department and the many Executive Branch agencies (which, under the Obama Administration are completely dedicated to social justice), to the mainstream media (now completely dedicated to advancing a Progressive agenda), the beast ravages; the beast consumes; the beast destroys.
A perfect example of the indignation held by Progressives for the US Constitution and the rule of law comes in the aforementioned political inoculation by members of the mainstream media in the event of any non-Progressively compliant ruling by the SCOTUS on Obamacare.
In a Washington Post column titled, Judicial Activists in the Supreme Court, E.J. Dionne writes:
Ignore for the moment that Chief Justice John Roberts and Justices Antonin Scalia and Samuel Alito weren't even on the bench for Bush v. Gore...
In the Los Angeles Times article titled, Signs of Supreme Court Activism Worry Reagan Administration Lawyers, David G. Savage wrote:
And New York Magazine's Jonathan Chait, opined in an article titled, The Roots of the Court's Obamacare Panic:
Chait again in a New York Magazine article titled, What to Do If the Court Strikes Down Obamacare:
If the last quote scares you, you're not alone...its scares the Hell out of me as well.
In each of these instances the Progressive notion plays out that should the US Supreme Court Justices find that the individual mandate breaches the boundaries of an already bastardized Commerce Clause in that it literally creates commerce to regulate, and that it mandates, in an unprecedented manner, that a US citizen be required to purchase a product – be it from a private sector entity, a public-private partnership or the government itself – in order to not be afoul of the law, it would be an act of judicial activism and not rooted in the US Constitution.
As I stated earlier, this is a matter of perception and, quite frankly, this perception is a byproduct of over 100 years of Progressive activism meant to advance the falsehood that the United States Constitution is a "living document" that is to morph with the needs of the times.
In an April 5, 2012 article titled, Why Progressive Obama Believes He's Correct, I cited an entry at DiscoverTheNetworks.org on Progressivism, and specifically a passage quoting Hillsdale College's R.J. Pestritto:
A cursory understanding of the philosophies and principles embraced by our Framers in the crafting for the Charters of Freedom (The Declaration of Independence, the US Constitution and the Bill of Rights) lays bare the truth that tyranny exists; that a government of men and not of laws leads to the abuse of power. It is because of the reality of these truths that our Framers – in their brilliance and in their thorough understanding of the corruptibility of men – crafted the Constitution as a document limiting the power of government, not a document that, as Progressives insist, "must, of necessity, change with the times."
If the US Supreme Court strikes down the Patient Protection & Affordability Care Act or upholds the Arizona SB1070 law, they would not be acts of judicial activism, they would be acts of constitutionality; acts of constitutionally charged obligation, by the very existence of the Supreme Court's authority under the Constitution. The same must be said in the event that Obamacare is upheld and if Arizona SB1070 is struck down. I say this because this process is a constitutional process; it is the process of the American form of government; it is, as John Adams so rightly declared, the actions of "a government of laws, and not of men."
Understanding that the Progressive Movement is less about "a government of laws" and more about the power-hungry greed of men, Mr, Chait's comments are all the more chilling:
This, my fellow Americans, is why both constitutional literacy and elections matter.
Frank Salvato is the Executive Director for BasicsProject.org a non-partisan, 501(c)(3) research and education initiative focusing on Constitutional Literacy and the threats of Islamic jihadism and Progressive neo-Marxism. His writing has been recognized by the US House International Relations Committee and the Japan Center for Conflict Prevention. His organization, BasicsProject.org, partnered in producing the original national symposium series addressing the root causes of radical Islamist terrorism. He is a member of the International Analyst Network and has been a featured guest on al Jazeera's Listening Post and on Russia Today. He also serves as the managing editor for The New Media Journal. Mr. Salvato has appeared on The O'Reilly Factor on FOX News Channel, and was featured in the documentary, "Ezekiel and the MidEast 'Piece' Process: Israel's Neighbor States." He is the author of the series Understanding the Threat of Radical Islam, an educational pamphlet series. Mr. Salvato is a regular guest on talk radio including on The Captain's America Radio Show, nationally syndicated by the Phoenix Broadcasting and ABC Starguide Satellite Networks, catering to the US Armed Forces around the world. and is heard weekly on The Roth Show with Dr. Laurie Roth syndicated nationally on the IRN-USA Radio Network. Mr. Salvato has been interviewed on Radio Belgrade One. His opinion-editorials have been published by The American Enterprise Institute, The Washington Times, Accuracy in Media, Human Events, and are syndicated nationally. He is a featured political writer for EducationNews.org, BigGovernment.comand Examiner.com and is occasionally quoted in The Federalist. Mr. Salvato is available for public speaking engagements. He can be contacted at firstname.lastname@example.org.