Get rid of the Supreme Court
The history of the last several decades, that history we have lived through, has given conservatives lots of reasons to rethink America – the institutions we have developed and improved, the role of the three branches of federal government, the onset of microwave broadcasting as a powerful, pervasive tool to manipulate public opinion, the expense and confounded operating procedures of elections, the engagement or lack of engagement of the citizens, our involvement in foreign affairs in all kinds of places around the world, the incessant hostile attacks on our country from ‘socialists’ in various organizations in society, the malicious attacks on Christianity, the abuse and degrading of education from public school kindergarten through college and advanced degree programs, the pestilent meddling of government in business at all levels, and the simple deterioration of common decency and respect for neighbors that is natural for people in any society. These are a few of our problems.
All during these decades one sure source of trouble has been the loose cannon behavior of the justices on the Supreme Court. The record of – to put it nicely – untoward opinions, attitudes, and arguments that come out in decisions that are presented to we the people cries out for an HONEST, Reality connected, intelligible standard to be set and adhered to by any and all who suppose themselves to be qualified to make dictates for how people will live their lives in this country.
We have all witnessed the disgraceful, craven behavior of politicians who have used the confirmation process to put on rotten circus acts in which one nominee, or another has been embarrassed or pilloried or harassed for absolutely no good reason whatever. This particular feature of the Supreme Court situation provides a ‘hook’ to get into making corrections to the institution, the third branch – judiciary- of our government. We do not need to spend time trimming a little here and adjusting a little there. We need to just get rid of the Supreme Court and replace it with a Court of Congressional Review that works in concert with Congress.
When the ‘founding fathers’ put together the machinery of government they started out by making a big mistake – they looked to a Frenchman, Montesquieu, for a way to work around the difficult problem of certain individuals gaining excessive influence and control in a nation’s government. There is an easy sure way to have government done well and that is to get HONORABLE people put into the various offices of responsibility – and good luck with that. But it is true. The fact that all kinds of schemers and connivers and ‘special pleaders’ will wriggle their way into government calls for vigilant determination to get competent, talented and HONORABLE people into every office. Where there is a will to Excellence – there is a way for people who are able to round up the gumption needed to build a political party with membership by invitation only!
We are all taught that the founding fathers set up the system of three ‘co – equal’ branches of government and they act to ‘check and balance’ one another. How is that working out for you? We have all been treated to a grinding diatribe of crass behavior and actions from all kinds of people in office in all three branches. While upgrading the quality of people in Congress – both Houses – is a necessary and urgent task, and electing a capable human being to be President is a Problem that we must solve the Supreme Court presents a serious difficulty – and, I think, a fairly neat solution.
We need to establish a Congressional Court of Review. That will transform the current Court into an advisory institutional role to assist Congress, the House and Senate in writing legislation for a President to consider and sign into law. This Court will have more Judges – 17, 19 or 21 is what I think it should be. First, I am supposing that this will PUT A STOP to the (God Damn) confirmation gong show fiascos that we watch with embarrassment and disgust. Second, we need to put a limit of 20 to 25 years for a term on this Court. The ‘lifetime’ appointment to ‘ensure the independence’ of the judges is a ridiculous sham as we all know. As with all other offices in ALL levels of government in this country from village to Federal, having a mechanical method -TERM LIMIT- is obviously necessary to have a sure way to GET RID of a bad actor in any office throughout the country. The old chestnut that we need the old timers around to maintain institutional ‘memory’ has been pounded into the pavement over the last few decades by those great old guys who have watched the national debt spiral into deep orbit and steadily steer us toward a financial nightmare. Serve your time and then GO HOME. Government works best when many good people contribute.
For the Congressional Court of Review the turnover in office with – 19 judges – will see people being confirmed almost every year and the ‘hearings’ will lose their ‘national spectacle’ entertainment draw. I think there should be no Chief Justice, but a rotating 3 year term for a ‘supervisor’ who will take the responsibility of managing the workload. Also, various issues, cases, that are taken up by the court may have different numbers of judges assigned. Maybe 11 for a certain case, 15 for another, or the entire Court hearing a case that has a very serious issue to be thought over.
When Judges produce their decision on a case ALL of the opinions will be forwarded to Congress for the LEGISLATORS to go right ahead and LEGISLATE. We need to invite the Representatives and Senators to actually DO WHAT THEY GET PAID TO DO and perform the job THAT THEY ASKED FOR. Those members of Congress who don’t like it can seek employment elsewhere. We need to END FOREVER the astonishing offense of 5 people in this country deciding that it will be better if everybody starts walking backwards – The Court has spoken so everybody falls in line – just backwards from now on. The Supreme Court does not DECIDE, ORDER, CREATE, LEGISLATE ANYTHING in this country. I want to explain to Monsieur Montesquieu that he is completely wrong with his silly attempt to ‘fix’ rotten government. The LEGISLATURE IS THE SINGLE MOST IMPORTANT INSTITUTION IN GOVERNMENT in any and every country. Again, good government is easy – all you need is Honorable people. It is up to We the Taxpayers to crack the whip on a herd of ATM wannabes and get them to accomplish competent, intelligent government. I am not delusional about this – so there.
All of this will take some Constitutional reorganization, but the result will be well worth the hard work needed to establish a Congressional Court of Review. I look forward to a Court that takes up more cases, is not handicapped by ‘fish bowl’ examination from the press and ‘stakeholders’ with an interest in some issue or other, and is less ‘connected’ to the D.C. political cult. Further the word Supreme will be removed from the official name. I am a Redcoat, and I must say it is very odd to see you colonials, minute men, Revolutionaries who were SO upset with George the third getting yourselves fixed up with Supreme this or that of any kind. I have decided to offer this helpful advice to steer you toward a much better – a happier way to govern this country. I might say good luck, but I will say – Get to Work, Now! E A P
About the Author
This website is about establishing Conservative Principles for the Americans who are ready to step forward to citizenship responsibility for making Goodness and Decency, Understanding and Responsibility our plan for building a Good Better best America.
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