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Wednesday, October 15, 2008
Christopher Merola :: Townhall.com Columnist
Courting Disaster
by Christopher Merola
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During the Saddleback Forum, held this past August at Saddleback Church in Lake Forest, CA, Barack Obama was asked which Supreme Court members he would not have nominated if he were President. Justices Antonin Scalia and Clarence Thomas were the two he singled out. It just so happens that they are the two most conservative Supreme Court justices on the high court.

Obama’s response was telling. It reveals what he thinks of the Constitution and the original intent of our Constitutional Republic -- as created by the founding fathers. Like most Democrats, Obama buys into the ridiculous notion that our Constitution is a “living document” that changes and evolves over time. For this reason, liberal activists like Barack Obama believe holding to the original intent of the founding fathers is neither necessary nor realistic.

Yet, the Constitution itself does not make reference to a living document that changes over time. The very reason the founders placed no term limits for judges within the Constitution was to allow for an unchanging judicial precedent to stand the test of time. In fact, the founders made it so difficult to change the Constitution that there have only been seventeen amendments made since the Bill of Rights was ratified in 1791.

Let’s think about what it takes to change the Constitution. It takes a super majority of two-thirds of both houses of Congress, and a super majority of three-fourths of the state legislatures to pass an amendment to the Constitution; this must be done in a way that does not undermine the foundation of the Constitution itself. This is such a difficult task to accomplish that it is easy to see that the founders intended for the Constitution to change as little as possible. Their own writings say as much.

This leads to the Democrat party and Barack Obama. In full defiance of the founders, the Constitution and the inalienable rights given to us by our Creator, the Democrats and Obama think it is their job to re-write the Constitution by way of judicial fiat. Remember, Obama has already said he would not have placed Justices Scalia and Thomas on the Supreme Court. He even voted against confirming Justice John Roberts and Samuel Alito. With a record like this, Barack Obama will most certainly nominate more liberal activist judges to the supreme and federal courts.

Right now, the Democrats in the Senate are salivating at the opportunity to have Obama as President with a larger Senate majority -- a larger Senate majority that will confirm as many as three Obama nominated Supreme Court judges, and as many as 100 Obama nominated federal judges.

Think of the havoc these liberal activists will thrust upon the American people. Our Constitutional liberties have been placed in jeopardy by the existing liberal judges thus far. One hundred more on the federal courts and three more on the Supreme Court will make the Kelo vs. New London case look tame. This explains why the Democrat controlled Senate is holding up a significant number of President Bush’s judicial nominees. They are hoping to fill those vacancies with Barack Obama’s potential nominees.

During the last two years of President Bush’s term in office, only 10 of his Circuit Court nominations have been confirmed. During President Clinton’s last two years in office, 15 of his Circuit Court nominations were confirmed. Jimmy Carter had 44 of his nominations confirmed in his last two years in office. Continued...

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About The Author

Christopher Merola is the Political Director for Political Media, Inc, a political advertising and public relations firm in Washington, DC.

More Dilusional than McCain...
and more close minded than Jerry Falwell. Both use the Constitution and Bible when it suits them only then completely abandon both the documents and the beliefs when it gets in the way of seeking more power.


IT''S THE CONGRESS, NOT THE COURT
STOP BLAMING THE COURT. It is the Congress that makes the laws, not a Supreme Court majority. Congress is deceptive in pretending that only the appointment of better justices can reverse bad decisions.

Article III, Section 2, paragraph 2 of the Constitution gives Congress the power to regulate and make exceptions to the appellate jurisdiction of the Court.

Congress can pass a law that changes or deletes what the court has made law and deprives the Court of appellate jurisdiction over it

But to do so would reveal that Congress is the real power behind Court decisions. It would place the blame squarely upon our congressmen for the contempt for the rule of law shown by the Court in favor of the rule of men.
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