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Tuesday, March 03, 2009
Phyllis Schlafly :: Townhall.com Columnist
The Court's One-Two Punch
by Phyllis Schlafly
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Dwight Eisenhower reportedly admitted that he made two big mistakes as president: his two appointments to the Supreme Court, Earl Warren and William Brennan. One day, it might be said that George W. Bush got two things right as president: his two appointments to the Supreme Court, John Roberts and Sam Alito.

Last week, the one-two punch of Roberts and Alito scored points, and two more big cases loom on the horizon. By the end of June, Roberts and Alito could deliver knockout punches to liberal foolishness on key issues ranging from affirmative action to non-English education.

In the first of these cases last week, the Supreme Court reviewed a Ninth Circuit decision that had ruled in favor of "checkoffs" for public employees to contribute to political activities. Idaho law prohibited government employers such as cities and school districts from facilitating political contributions through employee "checkoffs," which automatically funnel a portion of taxpayer-funded salaries to leftist causes.

Much is at stake if public schools are allowed to enhance the political power of unions by facilitating, at taxpayer expense, contributions to political activities. The American people do not want a partisan government to be diverting even more money into liberal candidates' campaign coffers.

Chief Justice Roberts persuasively wrote in favor of Idaho's ban on government-facilitated politicking and, joined by four other justices, reversed the Ninth Circuit in Ysursa v. Pocatello Education Association. Only three justices dissented.

Roberts held that "Idaho's law does not restrict political speech, but rather declines to promote that speech by allowing public employee checkoffs for political activities. Such a decision is reasonable in light of the state's interest in avoiding the appearance that carrying out the public's business is tainted by partisan political activity."

This marvelous opinion limits abusive campaign fundraising by public unions and reflects how Roberts has "grown" to begin to realize his potential. In his first few years, he seemed more intent on diluting his opinions to appease the liberal wing of the court, but now Roberts is writing forceful opinions based on legal principles, regardless of whether all agree.

The next day, Justice Sam Alito, President George W. Bush's other appointee, rendered another splendid decision. Recall that liberals tried to filibuster the confirmation of Alito, setting an example for Republicans to follow if President Barack Obama nominates a justice out of touch with the American people.

Last week, Alito attracted the support of all justices except one in affirming the power of a public park to refuse to display a non-traditional religious symbol even though it does display a traditional one such as the Ten Commandments. Under Alito's leadership in Pleasant Grove City v. Summum, the Court reversed the Court of Appeals for the Tenth Circuit, which had ruled that the park must display an obscure non-Christian monument because the park also displays the Ten Commandments.

With an overwhelming court majority, Alito put an end to the suggestion that if government displays one religious symbol, then it must display all donated religious symbols, no matter how unusual. Alito's opinion allowing parks to display some monuments while rejecting others was joined by every member of the Court except Justice David Souter.

Meanwhile, two even bigger cases are heating up and will result in huge decisions before the court adjourns in June. One case involves affirmative action, while the other concerns harmful education policies enforced by judicial supremacy.

In Ricci v. DeStefano, white firefighters were passed over for promotion due to the use of affirmative action by the city of New Haven. The white firefighters had scored higher on the qualifying exam, but New Haven decided instead to meet racial goals rather than promote based on merit.

With our new president and the endless publicity about how significant his election was, it seems extremely anachronistic for government to be still clinging to outdated racial quotas in hiring and promotion. It is indeed time for "change" in how courts have ruled in favor of racial preferences rather than merit in the workplace.

The final knockout of outdated liberal notions this spring could come in Horne v. Flores, where the Ninth Circuit held that despite more than 15 years of litigation the Arizona legislature must submit to a federal court demanding more money for non-English education, sometimes called "bilingual education." Never mind that Arizonans voted overwhelmingly against this type of harmful program, which hurts the students who never learn English and which balkanizes and divides our nation by language.

The federal district court had engaged in judicial supremacy by holding Arizona in civil contempt and slapping Arizona with more than $20 million in civil fines for not doing what the court wanted. But the U.S. Supreme Court, led by Roberts and Alito, will soon have the opportunity to bring real "change" to this judicial activism.

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About The Author

Phyllis Schlafly is a national leader of the pro-family movement, a nationally syndicated columnist and author of Feminist Fantasies.
 
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Horne vs Arizona
A federal judge here, decided how much money the state should spend on bilingual education. Despite the legislature throwing money at the issue, the judge decided more taxpayer money was needed.

The education stablishment wants hundreds of millions. A stealth education stimulus in the name of bilingual speech.

Horne should be followed by everybody. If this case loses for the taxpayers of Arizona, every state had better beware of the consequences.

Judicial fiat plain and simple.


Thanks for right-thinking article.
Finally decisions from the court that makes sense. One can only hope it will be a long time before we have another "penumbra of emanations" decision.

Judicial Fiat
I remember the debacle, very well, in allowing Earle Warren to become a member of the supreme court. I was much younger then and didn't know very much about politics.
Warren by-passed his Constitutional limits when he ruled in the Civil rights case. Whether you like the ruling or not, The Supreme Court, according to the (trampled) on Constitution is supposed to interpret the law, not make laws.
However, Warren's hidden reason for doing so, was revenge against the South for now voting for him for President.
In my opinion, Supreme Court appointees should have term limits of six years with no chance to ever serve again, good or bad!

Another loser program in AZ
is the ethnic studies farce students in Tucson are propagandized with. Pushed by La Raza and supported by the city council and school board, this idiocy is divisive and destructive.

The State Super of schools and more and more legislators in PHX are focusing on this total waste of tax dollars and maybe we'll suck this poison out of schools soon.

Next we need to take aim at Tucson's funding of anti-American groups and support for watering stations in the desert for illegals.

In this time of recession, we need to FORCE gubmint to stop wasting our money on PC bull manure, which is going to kill us all.

Get out the pitchforks.


Move the court
Too many judges are affected by the capital beltway cocktail party circuit and are more interested in good press reviews and being in with the "swells."

And any candidate for the bench who has of history of advocating for anti-constitutional organizations, ACLU for example, should be disqualified.

Listening to Roberts, Thomas, Alito and Scalia is such a treat compared to the nitwits Stevens, Souter and Kennedy. Ruth Buzzi Ginsberg and they old fossil, Kennedy will be gone soon, and Obama will insist on nominating a lefty to replace a lefty.

We can't force him to pick a strict constructionist, but we can demand an intelligent and thoughtful jurist.

Liberal activist judges
One of the main reasons I voted against Obama was his very clear support for Liberal Activist Judges. There's a vid of Obama on Youtube where he states that he wants judges who make decisions based in part on their personal experiences in the real world and are not limited by precedent.

IMO the single greatest threat to democracy is judges (individuals. unelected) that usurp the legislative function. The Left's love of ramming mandates through the courts is a prime example of their utter contempt for the constitution and democratic process.

IMO it comes from their days of flirting with communism. They're going to do what's "right" (as they define) it and aren't going to let any piddling "laws" get in their way.

ruth bader ginsburg . . .
should be tried (and convicted) of treason for violating her oath of office. she said that she would base her court rulings on "international law" rather than the U. S. Constitution.
(proper names purposely uncapitalized)

Strict constructionist
Why can't we demand that our President nominate a strict constructionist? if President B. Hussein Obama nominates a justice out of touch with the American people, that will be nothing compared to how bad it will be if he nominates one out of touch with the Constitution.

This is a republic and not a democracy. They do swear oaths to protect and defend the Constitution and do not swear oaths to protect and defend popular opinion or the erroneous decisions of dead judges (precedents).

REPUBLICAN LIBERTY CAUCUS

.....WWW.RLC.ORG ...The States must to force the Federal Government to follow the Constitution and refuse Federal Mandates that are not Constitutional ...we need a States Rebellion .....COLOSSUS

Join the "Stop FOCA!" group on Facebook
Join the "Stop FOCA!" group on Facebook today - then pass it on!

Go here: http://www.facebook.com/group.php?gid=54486897894

Fight Fire with Fire

Raise the taxes on the judges to pay for these programs.

Any group that wants to raise taxes should be taxed at up 100% of their wages.

Screw these people that want U.S. tax payers to support the Standing Army, Federal camp followers, Agents and agencies.

How British of them to insist we support them and their standing army.

The British
It’s getting to the point that we are going to have to face these British or be enslaved by them.

Reigning them in
The judiciary is making more and more overreaching decisions. One proposed way to keep them in check when it comes to parent-child relationships is the proposed Parental Rights Amendment.



DRAFT PARENTAL RIGHTS AMENDMENT
FOR THE UNITED STATES CONSTITUTION

SECTION 1
The liberty of parents to direct the upbringing and education of their children is a fundamental right.

SECTION 2
Neither the United States nor any state shall infringe upon this right without demonstrating that its governmental interest as applied to the person is of the highest order and not otherwise served.

SECTION 3
No treaty may be adopted nor shall any source of international law be employed to supersede, modify, interpret, or apply to the rights guaranteed by this article.



Go to http://www.parentalrights.org to sign the petition and read about how the UN Convention on the Rights of the Child is a treaty that threatens fundamental parental rights.

Parental rights
Not that the 5-4 DC Supremes can be expected to notice, but the Ninth Amendment already guarantees parents the rights you seek. Now, all you have to do is to get them to actually honor their oaths to protect and defend our not-a-living-document Constitution.

The British
These British have already enslaved us. As Thomas Sowell has expressed, forcing A to support B makes A the permanent part-time slave of B.

A "wonderful" democracy allows this just by buying and stealing 50.01% of the votes. Our constitutional republic (Article 4, Section 4) would protect us if we could get the Supremes to protect it.

Conservative Justices
Let's just hope our five sensible Supreme Court Justices make it through the next 4 years in good health.

The real nightmare vision is one of them having a debilitating health issue or an untimely death. That will be a real national disaster. The five reasonable members may be our only salvation until the electorate gets really tired of the new show.

Chief Justice Roberts
With all due respect to the Chief Justice of the U.S. Supreme Court, he needs to re-think why he would allow Obama to take a second oath of office without placing his hand on the Judeo-Christian bible and calling it legal or denying the American people the right to access the public outcry that Obama produce his birth certificate from wherever it is recorded as legal to the courts and for public review and uphold the U.S. Constitution of the United States of America because Article II is not an unimportant law, but a law that protects America from being high jacked.

Poorgrandchildren
Spelling out specific rights (especially those being infringed on in cases detailed at the Parental Rights website) is a better bet than relying on Justices we cross our fingers and hope will respect the Constitution and interpret it strictly.

With the hard left turn the country is taking to socialism, and the idea most socialists have that children belong to the State and the parents answer to the State, I want it in writing.

WHAT !!!!!!!!!!!!!!

Rose
Location: CA
Reply # 2
Date: Mar 3, 2009 - 2:52 PM EST Chief Justice Roberts
With all due respect to the Chief Justice of the U.S. Supreme Court, he needs to re-think why he would allow Obama to take a second oath of office without placing his hand on the Judeo-Christian bible and calling it legal or denying the American people the right to access the public outcry that Obama produce his birth certificate from wherever it is recorded as legal to the courts and for public review and uphold the U.S. Constitution of the United States of America because Article II is not an unimportant law, but a law that protects America from being high jacked.

Hate to break this to you, Rose, but it's NOT the swearing in that makes the President-elect President. The President-elect becomes President at 12:01 PM on January 21. It's the time - 12:01 PM - that makes him/her President - not the repeating of the oath.

It is amazing how little Rethuglicans know.


Richard:
Your name speaks for itself.

Homeschool Mom
I can't blame you for wanting any right to be repeated in writing. The DC Supremes do not show any evidence of having noticed that Amendment Nine exists.

Richard
The Supremes can cite bad case law as precedents for their continued bad rulings. What can you cite for your erroneous opinion?

Richard sounds
very ignorant when he refers to "reTHUGlicans". You, sir, are supporting Obama, a Chicago THUG who has appointed more THUGS to positions of power than any other president in history. So, next to Obama, you consider Jindal or Palin a THUG? Very ignorant!

Squeaky Wheel.
The squeaky wheel gets the most grease and that is the American way. Supreme court judges are politicians not Gods. They owe their vote. The Constitution like the Bible can be twisted to meet the circumstances. That is what makes them both great.

Rose
A President is not required to swear in on a Bible. All a President-elect has to do is lain out in Article 2 Section 1.8:

1.8 Before he enter on the execution of his office, he shall take the following oath or affirmation: -- "I do solemny sear that I will faithfully execute the office of the President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

Note that nowhere does it say a President is expected to follow the Judeo-Christian faith nor does it mention it must be made publicly.

However, what we do have is ammunition and a great bit of evidence to impeach Obama today. That oath is the job of the President. BO is not only on record stating that Constitution, which his job is to protect, is an outdated and useless, but he has done nothing to protect it. None of what he was elected on is allowable in the US Constitution, so acting on those promises, like signing the so-called "Stimulus" packages are grounds for impeachment. Not following the oath is perjury and perjury is a crime and a crime is what is required to be impeached.

Duties of an Independent Supreme Court
Alexander Hamilton discusses in his "Federalist Paper" No. 78, the duties of an independent Supreme Court:

"[T]he general liberty of the people can never be endangered from that quarter [courts]; I mean so long as the judiciary remains truly distinct from both the legislature and the executive. For I agree [Montesquieu's "Spirit of Laws"]that 'there is no liberty if the power of judging be not separated from the legislative and executive powers.'"

"[C]ourts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing."

"No legislative [Congressional] act, therefore, contrary to the Constitution, can be valid."

"[T]he courts were designed to be an intermediate body between the people and the legislature [Congress] in order, among other things, to keep the latter [Congress] within the limits assigned to their authority."

"The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges as, a fundamental law. It therefore belongs to them to ascertain its meaning as well as the meaning of any particular act proceeding from the legislative body."

It appears that We the People have been asleep at the wheel for many generations. We all need to wake up and read the Constitution and the Federalist Papers to learn for ourselves the true intent of our Founding Fathers in writing this Supreme Law of the Land.

Is it possible that any members of the Supreme Court or of Congress [except for Rep. Ron Paul and Senator Byrd] have ever read or even remotely understand this basic document?

James Madison Castigates Congress
James Madison, "The Father of the Constitution" and the fourth US President did not mince words when the first Congress in his administration attempted to pass a bill subsidizing cod fishermen of New England. He wrote:

"If Congress can employ money indefinitely to the general welfare, and are the sole and supreme judges of the general welfare, they may take the care of religion into their own hands;

they may appoint teachers in every State, county and parish and pay them out of their public treasury;

they may take into their own hands the education of children, establishing in like manner schools throughout the Union;

they may assume the provision of the poor;

they may undertake the regulation of all roads other than post-roads; (spacing added)

in short, every thing, from the highest object of state legislation down to the most minute object of police, would be thrown under the power of Congress...Were the power of Congress to be established in the latitude contended for, it would subvert the very foundations, and transmute the very nature of the limited Government established by the people of America."

(Retrieved 3/3/2009 @ http://quotes.liberty-tree.ca/quote/james_madison_quote_32 54.)

James Madison, who wrote the US Constitution, would know better than anyone the original intent of said document.

So, why is it that we have a federal government that overseas education, welfare, civil rights, personal habits, roads, police and on and on?

Congress is given the power "To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measure;" but they have unconstitutionally turned that one real job over to a central bank...the Federal Reserve.




Our Kenyan-born FDR WANNABE
Remember ...

Dumbomba was a Kenayn-born citizen of Great Britain, he was an adopted Indonesian citizen, he has a Muslim world view from his father's heritage, and was given MARXIST indoctrination at an early age in Hawaii ...

He's also pissed off at America in general and White people in particular because his father abandoned him and left him to fend for himself, and to be raised by his "typical white racist grandmother", in a WHITE WORLD ...

Because of his Kenayn heritage, where his brother lives on about $0.02 a day, he is comfortable with other people lving in poverty, although he excludes himself from that fate because he thinks he is special ...

Therefore in his mind if YOU have a hut, a skinny chicken, and a pair of sandals ...

YOU ARE RICH!

All you need to know about B-Hussein-O is contained in this quote from Karl Marx - Obama's idol:

“Owners of capital will stimulate the working class to buy more and more of expensive goods, houses and technology, pushing them to take more and more expensive credits, until their debt becomes unbearable. The unpaid debt will lead to bankruptcy of banks, which will have to be nationalized, and the State will have to take the road which will eventually lead to communism.”
— Karl Marx, 1867, Das Kapital


ARE YOU SORRY YET THAT YOU GAVE THE REIGNS OF POWER TO A MARXIST-PIG?

THE ROBERTS COURT HAVE
THE CONSTITUTION OF THE UNITED STATES IS IN GOOD HANDS UNDER THE LEADERS OF SUPREME COURT CHIEF JUSTICE ROBERTS. THE RELIGIOUS RIGHTS OF CHRISTIANS WAS EVEN BACKED BY JUSTICE GINSBERG FOR ONCE. CONSISTENTLY THE CIVIL SERVANT UNIONS ABUSE USUALLY JOINED BY THEIR RELIGIOUS ALLIES ALL AT THE EXPENSE OF THE TAX PAYERS FOR THE PURPOSE OF DEFRAUDING THE UNITED STATES AND FINANCING THEIR FAVBORITE CAUSES.

Roberts
The change in tone in his opinions may have more to do with who he had acting as his assistants.

As I understand, an SC Judge relies on his assistants for most of his research and sometimes to write his opinions for him.

More cultural than religious
"...which had ruled that the park must display an obscure non-Christian monument because the park also displays the Ten Commandments."

I think the nation is realizing that the Ten Commandments and eponymous monuments are really secular and cultural, more than religious or Christian. Most American Christians don't know the ten commandments and definitely don't follow them so it's really not religious anymore.

The courts
If the courts become even more liberalizedn than they are now, we are truly doomed.
Hell and Satan have then taken over and all is lost.

Poorgrandchildren
It's worse than that.

...in 2000, when the State of Washington gave any person the ability to override a good parent’s decision about visitation by simply claiming that it would be “best” for children to allow the third-party to have visitation rights, in the Supreme Court:

· There were six separate opinions and none reached a five-vote majority
· Justice Thomas was the only Justice to clearly state that parental rights receive the same high legal standard of protection as other fundamental rights
· Justice Scalia held that parents have no constitutionally protected rights whatsoever

Support for a high-view of parental rights has been seriously undermined by the current Court.

As a consequence, numerous lower federal courts refuse to treat parental rights as deserving of protection as a fundamental right.

Parentalrights.org was founded by the same guy, Mike Farris who founded Homes School Legal Defense Association after 30 years of dealing with the courts and state officials who were constantly overreaching their legal bounds related to parents and children. It's not just homeschooling related issues they were dealing with.
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