Monday, August 2, 2010

"Improper Use of Tools!"

Do you own tools? I have tools that I use regularly; power drill, sander, socket wrenches, power saw, chain saw, yard tools of all types and of course, my kitchen tools; pots, pans, crock pot, deep fryer and much more. I take care of my tools for a couple of reasons; they are costly to replace and they mean something to me; I depend on them for repairs and construction. My Dad had numerous tools, and he kept them in excellent condition; always cleaned and oiled. Every tool has a specific use and is to be used for only those purposes. I'm sure everyone has used a butter knife instead of a screw driver on one occasion or another; not good for the knife or the screw, both are usually damaged in the process. A shoe is not a hammer; a knife is not a saw!

Our Constitution is a group of tools designed for specific purposes. Each tool does something differently than its counterparts. Executive, Legislative, Judicial; all of these groups serve in a different capacity and are not intended to infringe on the responsibilities of one another.

We are all pretty clear on the Executive branch; Commander-in-Chief, protector of our borders, signer of amendments to the Constitution, etc. The Legislature designs bills that could potentially become the law of the land. The Judicial branch measures these bills as to their constitutionality; it also hears cases that have been appealed to the highest court in the land. The Judicial branch is not a legislative body.

Supreme Court Judge, Antonin Scalia, believes that our court may be losing its way; legislating from the bench. He states the term "living Constitution" is now a common term used by potential Justices, and a term that is detrimental to the framers of our Constitution's intent. As an example of his opposition to judicial activism, Scalia said "Nothing I learned in my courses at Harvard Law school, none of my experience I acquired practicing law, qualifies me to decide whether there ought to be, and hence is, a fundamental right to abortion or assisted suicide." Appointed by President Reagan in 1986, Justice Scalia is a Constitutionalist in his beliefs, and is highly regarded by all members of the legal profession. He made a statement that really rings true today in regards to judicial activism, "Most Americans are not alarmed by loss of liberty because they do not understand the Constitution or the American system of government.... ignorance shields activist judges from scrutiny and criticism even as their decisions have devastating consequences". The term "living breathing Constitution" is the progressive "mantra" that is allowing activist judges to legislate from the bench. In actuality, the duty of a Justice is to follow the Constitution, not rewrite it.

Barack Obama said "I'm not unsympathetic to Judge Scalia's position, ultimately, though, I have to side with Justice Breyer's view of the Constitution__that it is not static, but, rather a living document , and it must be read in the context of an ever changing world. How could it be otherwise?"

So one presumes, he (Obama) would have no problem with judges making policy__and LAW__from the bench. It appears Mr. Obama is using a butter knife for a screw driver on the Constitution. It also appears America is the one to be SCREWED!!!

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