The Supreme Court’s tortured justification for their ruling in Masterpiece Cakeshop vs. Colorado Civil Rights Commission is further proof that the Supreme Court completely abandoned the Constitution a great many decades ago. In this earlier article I explained in detail how the Supreme Court should have ruled and why. With this current article I was going to critique the ruling but Tech Knight beat me to the punch with his excellent article. Instead I decided to do this particular article about the systematic failures of the Supreme Court, and propose solutions. Actually they are not original solutions that I will propose. The solutions originated with Thomas Jefferson and the anti=federalists.
From the very beginning, the justices of the Supreme substituted their own political opinions for the actual text and meaning of the Constitution. Over the past few decades this has gotten fare worse. What very few know is that Supreme Court Justices substituting their own political beliefs for the meaning of the Constitution is one of the crimes covered by High Crimes and Misdemeanors, which is the grounds for impeaching a justice under the Constitution. That was the case under English Common Law, which was the blueprint for our legal system. Impeaching a Justice for this crime was only attempted once. It happened very shortly after the Constitution was ratified, and it failed. We should make it clear to our elected officials that this needs to be attempted again, and often.
In Marbury vs. Madison, way back in 1803, the Supreme Court granted itself sole jurisdiction in ruling on the constitutionality of federal laws. The power to determine the constitutionally of federal laws is inferred in Article 3 of the Constitution, but it is never granted exclusively to Supreme Court. In the Kentucky Resolutions Thomas Jefferson declares quite emphatically that the States have not only the power, but the duty, to declare federal laws and Supreme Court rulings null and void if the violate the Constitution. James Madison echoed Jefferson on this point when he wrote the Virginia Resolutions. The States need to step in immediately and restrain the out of control Supreme Court by nullifying all decisions that violate the plain meaning of the Constitution.
About a hundred years ago the Supreme Court began overturning States laws. Their justification was the 14th Amendment. That amendment was written only to end the harmful practices of Southern States during reconstruction. The 14th Amendment actually forbids the Supreme Court from enforcing the provisions of that amendment. This was because of the Dred Scott case. The power to enforce the 14th Amendment was granted to the federal government through the formal legislative process. The States need to tell the Supreme Court to stuff it when it tries to overturn State Laws.
Starting in the 1920s the Supreme Court began to “incorporate” the Bill of Rights down to the State and local level. They accomplished this by distorting the 14th Amendment. In this article I discussed the erroneous nature of the doctrine of incorporation. Nullification of Supreme Court decisions that employ this phony doctrine is the best solution.
Thomas Jefferson and the anti-federalist pointed out that the Supreme Court was never properly restrained by the Constitution, and they proposed amendments to rectify this. Term limits and a streamlined impeachment process that clearly states that substituting your own political beliefs is grounds for impeachment would be effective remedies.
The Supreme Court continues to run amok because so few of us truly understand the original meaning of the Constitution. Our entire educational system propagates this dangerous notion of a living constitution, and completely distorts the original meaning, instead spreading modern progressive myths. This needs to be corrected and the original meaning must be restored if we want to return this country to a free country, where individual rights and freedoms exist for everyone.