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Tuesday, July 01, 2008
Thomas Sowell :: Townhall.com Columnist
High-Stakes Courts
by Thomas Sowell
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Recent landmark court decisions are reminders that elections are not just about putting candidates in office for a few years.

The judges that elected officials put on the bench can remake the legal landscape, change fundamental social policies and even affect the way wars are fought, long after those who appointed them have served their terms and passed from the scene.

The Supreme Court recently created a new "right" out of thin air for captured enemy soldiers and terrorists-- the right to seek release in the federal courts, something that neither the Constitution nor the Geneva Convention provided.

The High Court has also struck down gun control laws as violations of the Second Amendment. Whatever the legal merits or the policy merits of that decision, it is a major change, created by judges.

The point here is that federal judges, including Supreme Court justices, wield enormous-- and growing-- power. What that means is that when we vote for the candidates who will nominate and confirm judges, we are making decisions not only for ourselves but for generations yet unborn.

Recent momentous decisions of the U.S. Supreme Court have been decided by 5 to 4 votes, including the votes of justices appointed by presidents who are no longer living-- Justice John Paul Stevens, appointed by President Ford, and Justice Anthony Kennedy, appointed by President Reagan.

Whoever is elected to the White House this November is expected to appoint two or three new members of the Supreme Court-- justices who will be making major decisions affecting the future of American society, long after that president is gone.

Your children will be living during the lifetime tenure of those justices, and your grandchildren will be living in a world shaped by the precedents that those justices set.

In a year when dissatisfaction has been expressed by both Democrats and Republicans with the presidential candidates chosen by their own parties, it is worth keeping in mind the high stakes involved in judicial appointments-- and therefore in presidential elections.

This is especially important to be kept in mind by voters who are thinking of venting their frustrations by voting for some third-party candidate that they know has no chance of being elected.

There will be a president chosen this November, and he will appoint Supreme Court justices during his term, regardless of whether you stay home or go to the polls.

His choices for the High Court will have a major impact on history, whether you vote after a sober consideration of many facts or vote on the basis of the candidate's rhetoric, style or demographics.

Even more important than the particular issues that courts will decide is the more fundamental issue of what a judge's role is in our system of Constitutional government.

In the gun control decision, for example, there were justices who read the history and meaning of the Second Amendment differently. What was most dangerous, however, was Justice Stephen Breyer's opinion that it was up to judges to weigh and "balance" the pros and cons of gun control laws.

If we have Constitutional rights only when judges like the end results, we may as well not have a Constitution.

Is the right to free speech to be put aside, and a journalist put behind bars, whenever a judge thinks that journalist went "too far" in expressing an opinion about some politician or bureaucrat?

Is someone to be tried over again for the same crime, even after having been acquitted, if judges regard the Constitutional ban on double jeopardy as just a suggestion to be weighed and "balanced?"

We have already seen what happens when a 5 to 4 majority decides that politicians can seize your home and give it to somebody else, if judges don't think your property rights "balance" whatever politicians choose to call "the public interest."

When deciding which candidate you want in the White House for the next 4 years, it is worth considering what kind of judges you want on the federal courts for the next generation.

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Thomas Sowell is a senior fellow at the Hoover Institute and author of The Housing Boom and Bust.
 
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The trouble is...
as we have seen from history--Earl Warren being probably the most infamous example--a conservative President's appointment may not necessarily be a constitutionalist judge.

the problem this year is
that neither major party candidate can be trusted to nominate good SCOTUS justices.

Sowell's free speech analogy is especially telling - why expect McCain to nominate a justice who would overturn his campaign finance law (which clearly violates the letter and spirit of the 1st Amendment.

McCain will also have a Dem senate, and would not be able to get good justices past them anyway. Remember that the reason we have Kennedy is that the Dem senate borked Bork. Kennedy was not Reagan's first choice. Don't delude yourself into thinking McCain will do any better.

Our best hope is to reform the GOP by not voting for RINOs - driving the point home that they must return to their limited government roots if they want to get elected. In the mean time, vote for conservative senators, and hunker down for the next four years of socialist policies.

Chris
Spot on.

Any presidential nomination must be approved by the Senate. Under the present situation, NO conservative will be appointed...period. I don't trust McCain to find a real constitutionist anyway.

As for my vote, no vote for President this year.

If Obama makes it all the way and does appoint his kind of judge and he/she is approved by the Senate, so what? The retiring judges are a group of moonbats anyway, so replacing them with Obamaniacs will not alter the current situation.

No more RINOS, Ive been sucked in too many times. A NO vote is a vote, a vote for real change.

Sorry, Dr. Sowell, no sale this time.


term limits
Supreme Court judges must have term limits, prcisely so that they can not still decide the fate of our country when our grandchildren are grown up. Matter of fact, they should not have as much power as they have. It is positively scary to realize that in most of the courts descicions the outcome basically hinges on the vote of just ONE person. And we ALL have to suffer the consequences.

Yes to FOWG
I agree completely with you.

Not only would John McCain not nominate a conservative, but his overarching motivation has been and will be to please democrats and to look good on the editorial pages of the NYT.

As you say, FOWG, what judge could Obama nominate that would be worse than Ginsburg, Breyer, or Stevens?

Let's face it: we're screwed. The RINOs have served up a very unpalatable candidate that we now have to swallow or face the incalculable damage Obama seeks to wreak on our nation.

Quelle horreur!

Our only hope is a Jindal-style veep nominee.


cause and effect
i have spent the big part of the last 6 or 7 weeks reading every thread written for every article despite what if has done to my stomach, and have finally ocome up, with what i believe is the reason why things shave gone so wrong in the last 30 or 40 years. consider, , we have had 4 presidents, bush one , clinton, bush two and now obama (perhaps mccain but that wont hurt my arguenent), our national debt is 10 trillion dollars a figure that nobody even
talks about anymore because nobody would know what the hell youre talking about and they counldnt imagine it anyway, we have faught 2 major wars AGAINST THE SAME COUNTRY which is an abomination all by itself)and many many spats with a death toll of us servicemen that according to official US Army stats is only slighly more for our servicemen=
then it is for civilians killed, we have hiomosexual ciouples, married
couples walking the streets brazenly holding hands as if what they are dreaming is true and that they dont have to worry about who is waiting for thm around th next corner (this should not be allowed to happen in a just society) we havm many men still living who should have been executed but somehow escaped their just desserts.(I know how to spelll( our government is going to believe the poop put out about global warming and ruin our econmomy, which has alrady been through three near and one for sure recessions in that period of time.-, go to thread2

cause and effect
planned parenthoo is reportedly garing up to make sure that everybody who walks in their fron door in any office in the world will immediatelyy get an abortion, gas is 4.00 a gallon and rising WITH NO LINES AT THE GAS STATION, a mystery so deep that nobady can even begin to understnd why and the list goes on and on aond on., there must be a reason, perhaps a single precipitating cause that we can find and do away with thereby curing most if not all of our problems ,
there is and i have found it. all of this difficulty has come about sinc whe added the words "under god" to the pledge of allegience. think about it in your heart you will know i am right . when did it all start? get rid of Under Giod and our problems will be over i am perfectly willing to undertake the grunt work of collecting signtures and checking their authenticity and submitting them to congress on a petition that will say that the words "Under
god"will be forever stricken from the pledge and will never ever be considered by either house of congress.
its time to do way with this menace once and for all. you may send me all pertinent informtion for the petition plus a small 5,99 service fee.

Who will fix it said the little red hen?
As I said in the Rusher column, the odds of getting a good judge in the next 4 years are exactly zero, or approaching zero to the point that it makes no difference.

What we really need is a Constitutional amendment to limit the power of the court and to change the way it’s members are appointed. Appointment of the justices should be returned to the States since they are ultimately going to be political anyway.

What could happen is we hold a second Conditional convention and correct a lot of these things that SCOTUS has ruined over the years. It is a sure thing that Congress will never fix it, the courts will not fix it, and neither McLame or the Vomit will fix it.

The Dems...
... have demonstrated again & again a willingness to obstruct nominations based solely on religious belief. They have managed to stack the courts to their advantage. The Reps, as McCain is learning, need to take off the gloves in dealing with the Dems, but especially when it comes to the courts. Turn about is fair play.

I applaud you all!
Nice try, Dr. Sowell, you can't fool your own contituent following. You have an agenda. Good & thought filled posts.

God Bless.

It isn't often...
...that I disagree with Dr. Sowell, inarguably the foremost sociopolitical analyst of our time, but I must do so now.

"In a year when dissatisfaction has been expressed by both Democrats and Republicans with the presidential candidates chosen by their own parties, it is worth keeping in mind the high stakes involved in judicial appointments-- and therefore in presidential elections."

Judicial appointments strike many persons as critical matters. Why? Because judges, particularly federal judges, have been conceded the power to rewrite our laws at will -- including the Supreme Law, the Constitution.

THEY DO NOT POSSESS THAT AUTHORITY.

One of the reasons the judicial branch was awarded no enforcement arm by the Constitution was to make judges un-dangerous to freedom. If Congress and the Executive Branch were alive to their responsibilities -- in particular, not to enforce anti-Constitutional decisions, to limit the jurisdiction of the courts, and to impeach and try jurists who repeatedly exceed their proper sphere -- judicial appointments would be a lot less controversial than they are today. Judges would do less harm, and Americans would be freer...and we wouldn't be hearing the exceedingly weak argument for McCain that "at least he'll appoint conservative judges to the Supreme Court." (Oh, will he? Really?)

Vote your conscience come November.

Subject: The real trouble is.....
Judges are Lawyers in robes with an
agenda

MRCMRC...
...I always look forward to your posts on any subject.It really makes my day!

Look,man,USE PARAGRAPHS!They are easy to use.Honest!

Your comment that "you know how to spell" is really scary.Your only problem that I can see is you don't know how to reason,you don't know how to spell,and you don't know how to proof read.Other than that,you make a lot of sense (s).

Love Us...
...I agree.I have always believed in term limits for the Supremes.A constitutional amendment to:

(1).A term of ten years.No more

(2).Stagger them so that one justice can be appointed each year.That way,every President would get at least 4 appointments.Jimmy Carter had NO appointments in his four year term.

(3).Pay them 1 million dollars a year salary to make it worthwhile and to have it be the crowning achievment of their legal career.

(4). No approval by the Senate to get the politics out of the equation.

my way or...
ever see a bunch of kids arguing about whos going to pick first in a street football game? as long as there is no disagreement everything is fine but as soon as there is disagreement there exists the possibility of chaos. each side seeme to feel that there are no rules to applynto them or if there are they are the side the rules should favor. ive sen it happen when one of the players will get so angry he will get red in the face and stmp off, presumably to go, home. thats what you people who argue about judicial activism and the decisions of the supreme court . the court had NEVER been activist. they have always done exactly what the constitution requires them to do, with the proper frame of mind. they are . all nine of them, dedicated, intelligent perfect example of judges. out there for our puiblic to admire. perfectly suited for what .our society is like. othrwise =, if you can prove that something else is true ,the rest is chaos. and we dont want that. each of us, being good =, loyal, patriotic, intellignet citizens so if this sountry will cheerfulyaccept this interpretatin of their behavior , obey whatever thay say the constitution says with grins onour face. if we are not satisfied with judicialbehavior we will underatnd that the constitutional founders were wise enough to give us the means of chamge the court and we will use those means and no othere. above all we will not, in our disppointment, create imaginary methods to justify taking our footbaalll and going home with it because we dont like the courts interpretation iof a specific decision. i will recognize tht rather then being angry when they seem to vacillate between one political philosophy and another i should rejoice becaus this seems to illustrate a willingness to think about issues rather then being automatic in their decisons based on their own particulat philosophy .

The Maverick
How can you be sure that McCain will do the right thing regarding the Supreme Court? If there is any "maverick" role for him to play, I see him going his own way, with the courts. We don't TRUST John McCain because he hasn't earned that trust. He revels in his unpredictibility. I see the election as a lose-lose situation. One candidate is running away from "no record" and the other is running away from his "blank you, voters" record.

The Courts
The biggest problem here is that we are moving dangerously toward a Kritocracy, or Rule by Judges based on personal whim.

Federal and many state judges are not elected. They are appointed, often for life. The purpose of the judiciary is to enforce the laws created by the legislature and put into effect by the executive. The US Constitution (as well as the constitutions of the several states) provides a list of expressed powers that the government may not exceed, and a list of expressed rights that the government may not infringe.

Many of the decisions made nowadays in the high courts (US and State Supreme Courts, primarily, and apellate courts in some cases) are made on personal whims and have nothing to do with the Constitution.

There is nothing in the Constitution...
...affirming a right to abortion;
...allowing the government to restrict gun ownership;
...requiring that states recognize marriage other than one adult male and one adult female;
...affirming a right to homosexual or other deviant conduct (including "shacking up" by heterosexuals).
...prohibiting capital punishment (in fact, the existance of capital punishment is implied in the 5th Amendment)
...requiring that the government be atheist and never acknowledge God;
...allowing the government to prosecute crimes of intent (hate crimes, etc.);
...allowing judges to consider laws from outside their jurisdiction (especially laws in other countries) as a part of their decisions on US law.

Balance of Power
There's supposed to be a balance of power in our system of government. The executive cannot make laws, but must approve them when they are made by the legislature. The legislature must make the laws, but the laws are not effective until the executive approves them. If the executive disapproves the law, the legislature can overrule the executive with enough votes. The courts must decide whether the law is to be enforced, and (through court decisions made very early on) can invalidate laws that don't fit within the limits set by the Constitution.

The problem is that there is no way to balance the judges without amending the Constitution, usually a very difficult process. (The 27th Amendment to the US Constitution was proposed in 1789, with the Bill of Rights, and was ratified in 1992.) As such, when judges do stupid things like basing their decisions on capital punishment on the laws currently in force in Jamaica, rather than the letter of Constitutional law, there's nothing either Congress or the President can do. But if the Congress and President pass a law that the judges don't like, they can simpy scrap it by trumping up some bogus "Constitutional" right.

I've been beating ...
... this drum since McCain became the nominee. I'll vote for him for this reason only. He's the only chance we have to restructure the Supreme Court and that's the major issue of this campaign. No other issue compares to its importance - not the war, not immigration, not the economy, not abortion ... nothing. It's the SCOTUS, stupid!!!

retchemprof
I agree. The most important thing to consider is who the next President will put on the Federal Bench. As bad as the Clintonian apointments have been (Ginsberg and Breyer) Barack Hus-Change Obama's will probably be worse.

Now let me see...
Who appointed Anthony Kennedy to the court? Ronald Reagan
Who appointed Sandra Day O'Connor? Ronald Reagan
Who appointed David Souter? George H.W. Bush
Who appointed John Stevens? Gerald Ford

Hmmm... so we should elect McCain because he's a Republican and he will appoint conservative judges to the SCOTUS.

Say again?

If or when ......
If, or should I says when, this country goes down, a chief cause will be the judiciary! Think about this for just a little while, including what the heck are you going to do about that? Nothing? Then shame on you!

Parker
Wrong. I'll vote for McCain because he SAYS he'll appoint constitutionalist justices. We know Obama won't!

I'm far from being a fan of McCain, but as I wrote before, he's our best CHANCE. Maybe I should have added ... slim as it may be.

vamtns41
Noh, the root cause will be the liberal/communists starting with FDR who stacked the courts with judges who believed in communism and the "evolving" Constitution.

On the mark Dr. Sowell
If only folks would listen. I think John McCain cares so deeply about the country that he would not appoint another liberal judge.
Folk can refuse to vote for McCain to prove just how mad they are that he has the nomination, but every one who does not vote for him is voting for Obama, who is the most extreme left person to ever run for president.

Supreme Court Justices
It isn't-or it shouldn't be-important whether a justice is liberal or conservative. What matters is that the President appoint justices who go by what the Constitution SAYS-not by what they WISH it said.

Supreme Court Nominees
I am tired of hearing McCain is no different than Obama concerning conservative issues.

I've supported conservative candidates beginning with Goldwater in '64.

Sure Republican Supreme Court nominees have turned out to be disasters, i.e. Earl Warren, but we also have great ones such as Scalia, Thomas, Aleto, and Roberts. However, any McCain nominee will be to the right of any Obama nominee. Even with obstruction from the left in getting Senate confirmation, I am optimistic.

A vote for Obama is a vote for a Souter or Breyer or Ginsberg.

Parker
Reagan also appointed Scalia and put Rehnquist in the Chief Justice slot. Bush-the-Elder also appointed Thomas.

The difference between (R) and (D) is that (R) has about a 50% hit rate on right-wing, Constitutionalist judges (with Bush-the-Younger having a particularly good record on that count), whereas (D) has about a 100% hit rate on leftist, activist judges. I'll take my chances with 50% to the good over 100% to the bad any day of the week.

Hindanow
The problem with your statement is that the whole point of differentiating conservative v. liberal is that conservatives usually do go by what the Constitution SAYS and the liberals go by what they WISH it said.

The gun control decision is a perfect example.

Fowg, tin whisker, Chris, et al:
Are you forgetting the pressure conservatives put on Bush when he nominated Harriet Myers? As a result, we got Alito.

More on SCOTUS
On the one hand, all the "50% good" McCain supporters have a point. We can thank John Marshall for the current SCOTUS state of affairs, thus it is obvious that SCOTUS appointments can wreak havoc for generations.

OTOH, they go a little far in claiming that a McCain vote is NOT a vote for another Breyer or Ginsburg, inasmuch as McCain voted to confirm both of them.

MRCMRC post 19
Well, well now. Do away with "under God?" And all the judges are perfect models of the judiciary? You are a strange fellow, mc. First you complain about many of the ills present in our country, then you make one of the dumbest statements that was ever on possibly Kos or the "Huffy post". Go back to smoking your crack and leave the intelligent posts to the adults.

Oh brother...
"McCain promised us..."

So when Ronald Reagan appointed Sandra Day O'Connor and Anthony Kennedy did he tell us they were libs or were both picks just mistakes?

When George Bush I appointed Souter was he just pickin' little nuggets of caca from the dung pile instead of the big chunks that Obama will pick?

And lest we forget so soon: Bush II wanted to give us Harriet Meiers.

I have news for most of you Woodrow Wilson and FDR did more to screw up the Constitution than Obama could ever dream of doing.

And if Obama does get elected, why can't the R's on the judiciary committee do the same thing the D's do?

Let me guess...

Nam 65-66
The only things I'd change in your proposal are as follows:

I might change the length of the term. Maybe 15 years, not 10. That's right around the average (if I'm not mistook) and well short of the 25-30 years for the longest serving Justices. But that's negotiable.

I'd make it one appointment every 2 years. I really don't want a few years of a Kritocracy almost entirely appointed by the likes of Barack Hus-Change Obama. Could you imagine what would happen if we got 8 of 9 justices appointed by the same leftist Democrat? (Consider the justices appointed by the "Centerist" Bill Clinton). (Besides, is it bad that Carter didn't get to appoint any Justices?)

I think I'd keep the Senate approval process. It's broken as it is, I'll admit, but, again, imagine Barack Hus-Change Obama having 2 terms, appointing 8 justices, and NOT having to run it by the Senate.

Welcome to the Supreme Court Messrs. Justice Jesse Jackson, Al Sharpton, and Jeremiah Wright.

Parker
Your complaints about McCain are valid in a race between McCain and, say, Mitt Romney or Mike Huckabee.

But in a race between McCain and Obama, I still say I'll take the 50% shot that we'll get a good justice (with McCain) over the 100% chance that we'll get a bad one (with Obama).

Happy Jake...ever wonder why
The Republicans have a 50% hit rate and the Dems have a 100% hit rate?

So the R's can't really be trusted completely, but I should vote for them anyway?

This doesn't seem a little screwy to you?

Why can't the D's have the same hit rate as the R's? Hmmm?
Aren't they rolling the same pair of dice?


Nam65-66 ~ MRCMRC or MRBMRB
Nam65-66
Location: NY

Reply # 13
Date: Jul 1, 2008 - 6:01 AM EST Subject: MRCMRC...
...I always look forward to your posts on any subject.It really makes my day!

Look,man,USE PARAGRAPHS!They are easy to use.Honest!

Your comment that "you know how to spell" is really scary.Your only problem that I can see is you don't know how to reason,you don't know how to spell,and you don't know how to proof read.Other than that,you make a lot of sense (s).


MRCMRC
Location: MN

Reply # 20
Date: Jul 1, 2008 - 2:19 AM EST cause and effect
i have spent the big part of the last 6 or 7 weeks reading every thread written for every article despite what if has done to my stomach, and have finally ocome up, with what i believe is the reason why things shave gone so wrong in the last 30 or 40 years. consider, , we have had 4 presidents, bush one , clinton, bush two and now obama (perhaps mccain
but that wont hurt my arguenent), our national debt is 10 trillion dollars a figure that nobody even

~~~

MRC, please let me help you out. You are missing many punctuation marks, Capitals, paragraphs, common sense (sorry, can't help you here), but here is a free load of what you are missing: (that last symbol was a colon... you know, that thing that holds your solid waste matter, for a while.)


PART one

Here's The Problwm
Even with term limits for judges, there seems to be an understanding on both sides of the aisle that the courts are now primairily political institutions -which they should not be. Any reading of the Federalist Papers as well as commentary by any of the Founders indicated that thier intentions were for the courts to be the least political branch. Until Madison v Marbury, the courts had very limited jurisdiction. Justice Marshall "discovered" a new process called judicial review, which got the ball rolling.

I don't think Marshall had in mind for courts to interject themselves into policy debates and take upon itself the role of The Great Sanhedrin. However, it could be that this was bound to happen -human nature is falliable. Judges are human, and to temptation to politics is great according to Robert Bork.

The Executive and Legislative branches could quite easily put the courts in its rightful place;however, Congress is primairily made up of lawyers. Congress perversely benefits from judicial supremecy, as the courts have removed the most contentious issues from the legislatures.

Separation of Powers...
Just as the Constitution placed limits on the Federal Govt. in the form of "Enumerated Powers" have been ignored, the Supreme Court has carved out (usurped) the power to "make laws" from the Legislative branch.

Bottom line, we will need a revolution to straighten out this mess, and it won't be pretty.

No one expects these government officials (Congress, Executive or Supreme Court) to rein in the power they have abused.

The Civil War was fought for the right reason, states rights, but the wrong cause, slavery. Once that was done we all lost and what we now have is the result.

On another note, what would happen if Alaska just told the Feds to stuff it and drilled for "their oil"? What is the President going to do, put soldiers in ANWR to keep drilling from going on? What if the Alaska Gov. called out the Guard to defend Alaska? I'm sure the Supreme Court would do their usual hack job and ignore the various Constitutional provisions that provide states the right to do what they want with internal resources, and in fact preclude the Federal Govt. from doing anything.


I would change EVERYTHING about the
courts:

First I would state that the court could not read ANYTHING into the Constitution that was not specifically written into it. If two parts of the Consitution conflicted then they were to refer the case to congress for an amendment that must be voted on within 6 months. I would make “activist” judgments to be ground for removals from the court.

Next I would change the way judges are appointed and the number. I would expand the court to 50 judges, one from each State. They would be appointed by the States, one from each State in what ever manner the State decided was appropriate. They would be appointed for life subject to removal by the State. Removal would be for ANY reason the State desired subject to 2/3 vote by the State legislators.

I would remove ALL the judges legal clerks. ALL work and research to be performed by themselves.

I would change the qualifications to be a jurist to forbid lawyers or anyone with a law degree from being a SCOTUS jurist. The qualification would be (1) Natural born U.S. citizen who speaks English (2) At least 35 years old (3) Has never been convicted of any felony

The rest of the federal courts would be broken up into districts similar to the current districts. Judges for these districts would be appointed by the States encompassed in the districts in a manner similar to the SCOTUS judges.

Nothing was CHANGED. It was PRESERVED!!
QUOTE: "The High Court has also struck down gun control laws as violations of the Second Amendment. Whatever the legal merits or the policy merits of that decision, it is a major change, created by judges."

Major change? Since the Constitution was signed and put in place Americans have had the right to keep and bear arms and the Second Amendment CLEARLY says that. We have over 200 years of history doing it in everyday practice.

Some politicians and political jurisdictions have decided to go against the Constitution and 200 years of common practice and are brought before the Supreme Court . The court tells these politicians and political jusrsdictions what evey seventh grade student who ever read the Second Amendment KNOWS it means and that is we Americans have the right to keep and bear arms. DUH!!! Double DUH!!!

That IS NOT A CHANGE created by judges. That is simply what has been the case all along and the judges didn't CHANGE ANYTHING. That it has taken this long before somebody who can read tells those who can not what the Second Amendment says is not withstanding. Time does not change what the Constitution says, nor its meaning. We don't have to have a court decision on all of the Constitutional articles to know what they mean, or we shouldn't. The court did NOT CHANGE ANYTHING with its decision on the Second Amendment. It simply REAFFIRMED what those of us who can read already knew.

The travisty of the Heller decision is that it made it OBVIOUS to everyone that there are four justices on the Supreme Court who can't read and comprehend plain English.


Nam65-66 ~ MRCMRC or MRBMRB

MRC, please let me help you out. You are missing many punctuation marks, Capitals, paragraphs, common sense (sorry, can't help you there), but here is a free load of what you are missing: (that last symbol was a colon... you know, that thing that holds your solid waste matter, for a while.)

"""" Quotation marks, you have lost many of these, I will send you more, as you need them.

,,,,, Commas, these little rascals, separate thoughts, and organize series.

.... Periods, these tools end a thought, and, when three are in a row after a word, they magically become something right out of Sci-Fi, called An Ellipsis! Dang! Shazam! This often means that more of the original quote was eliminated, as not being pertinent to the thought being conveyed (conveyed=carried, made, portrayed).

;;; Semicolons, I don't use these much, because I AM NOT THAT well schooled in grammar, and I believe everyone needs a Full-colon for every trip to the bathroom (wink-wink).

!!! Exclamation marks, these guys really dress up your verbiage when you feel strongly about something!

( ) ( ) ( ) Parentheses, put words in between them and they become MAGIC! FEEL THE POWER!

{ } { } { } Brackets, More magic here, put words in between them and they express sub-thoughts. Yes, you TOO CAN CONTROL other's minds.

[ ] [ ] [ ] I call these Square brackets. They are often used when making quotes and you try to clarify the dummy thought you are quoting, as in... (ellipsis here),
MRC Quote...
" ...but that wont [won't] hurt my arguenent [argument] ), our national..."

And, as I mentioned before, that great big long key at the bottom of your keyboard, is called a 'space-bar'. No, the 'space-bar' is not where you go to drink Jack Danials. It performs the function of placing a space between words to allow others to discern your thoughts.

Let's be real honest...
There should be no questions regarding the 'interpretation' of the Constitution. The fact that the courts and the politicians continue to pretend they have the power to abrogate rights of the people demonstrates the need for the people to get a real grip on what is and should be important to their survival. The very idea that many believe their rights are in danger, proves they have no clue what the phrase, "...endowed by their creator with certain inalienable rights..."
even begins to mean.

If the court had said, "no guns allowed," would it have really made a difference? If so, then go to the end of the line and start over. The idea that someone believes they can be stripped of their natural inclination to defend their life, their property and their freedom will give up their rights by default. You cannot be stripped of your rights to self-defense any more than you can be stripped of your right to practice your religion or to think about the color red.

Would you ever buy into the notion of, "No freedom of speech?" Would you stop thinking and speaking or writing your thoughts and views? Good grief! Stop buying into this garbage that your rights are in danger. They are only if you are unwilling to sacrifice your life, your fortune and your sacred honor and instead just surrender them.

The first thing you do is stop letting the cretins steal your money. If you won't do that then by all means give up.

Ratas y Ratones
Give it a dam break will you??? GEEZE.

Well! Hear We go.
The hair's on the back of my neck stood up when the Kelo/Public Domain decision was rendered, which, when that happen's, I usually get this something bad or weird is about to happen vibe, and as we can see it's started.
The Justices in this country have become just a tad out of touch, In our haste to make a more politically correct society we have entrusted our elected officials to interpret the law in our best interest. And they have.
This is a problem, because, now everybody has rights especially the scum of the earth, in most cases they have more rights than their victims.
Thus, the Muslims are going to take over this country with the help of their law firm, The ACLU. These little skirmishes are just the beginning, and I'm telling you all right now, I'm not wearing a bow-tie, sorry. You see for the Justice's it's easy for them to convert, they already wear toga's, all they'll need is sandals and the koran.
How much you want to bet these suckers will interpret sharia law better than they interpret our constitution.

Parker
What planet do you live on? If you don't think you can be stripped of your rights, you aren't keeping up. The cops and agents of the Imperial Federal government break down doors and take peoples rights every day. If you get in their way, they'll do the same to you. A "RIGHT" isn't worth a hoot if you are not around to exercise it.

Parker, actually no, the Dems aren't
rolling the same pair of dice. They have been in lockstep for decades now with very few dissenters, Zell Miller and Joe Lieberman (barely) being the exceptions. They unabashedly promote and appoint ideological leftists and claim that ideology should not be a disqualifier, until that is a Republican President appoints an ideologicly conservative justice.

Republicans, for all their faults, try to "play fair" and be reasonable and reach accross to be bi-partisan. Demoncraps, talk a good game of be-partisanship, but where it counts, they are stuck in the mud and won't budge an inch.

Nam65-66 ~ MRCMRC or MRBMRB
Part III (MRC, this means 3)

Oh, and MRC, I want to thank you for retiring from Public School No. 27, as an English Teacher.

Our little ones may now have a better chance of understanding what their first Boss says, when he directs them to say to the customer, "Do you want Fries with that?"

Hey, a personal note here, "Do it stlil be klod up thar in minny soda? we worm up here, an mi jerk danials costs has gon way down. i R doun to wun fifth per day. purdy soon i switch to cheep beer kaws gas is so high." "oh, hope i dint cornfuss yu wid all da puncturashun. i speech purdy gude englash misulf."

yer fren
:-) Ratas y Ratones

OBTW, several have noted that you do, on occasion, come up with an excellent idea. What do you say? Give up your pretense illiteracy and debate face to face on merit, in common English? Too much danger? We will help you build your self confidence.

Good idea? We will build on it. Dumb idea, (sorry :-) we will slap the snot out of you.

Rats
(and mice)


Isn't is sad
that our justice system has become a political branch? Worse, isn't it sad that the SCOTUS consideration is the ONLY one that falls in favor of McCain?

What scares me is that McCain cannot really be counted on to deliver on this either.

Prevalance of Liberal Lawyers
Probably less than 10% of lawyers/judges believe in orginal intent. Here is the proof:

Justice Blackmon (Nixon): authored Roe v Wade. Voted with the liberal wing 100%

Justice Powell (Nixon) joined liberals about 75%

Justice Stevens (Ford) : voted the liberal wing about 98%

Justice O'Conner (Reagan) : moderate evolved into a reliable liberal.

Justice Kennedy (Reagan) : moderate evolved into a judge who votes with liberals 70%

Justice Souter (Bush41) : votes with the liberal wing 100%

Not since Kennedy has any Democrat nominated a conservative judge (Byron White). Eisenhower once quipped that the 2 biggest political mistakes he made sat on the Supreme Court (Warren and Brennen). Even conservatives like Eisenhower, Nixon, and Reagan couldn't get conservative judges they wanted.

So Black Prince...
Your point is?

If I defend my rights and die in the process, that's worse than being a slave or in a prison?

I am grateful the founding fathers didn't see things through your distorted prism of fatalism.

Are you afraid of death?

Maybe that's the difference between people like you and me.

By the way I live on earth. How 'bout you?

USSC Appointments
Certainly McCain is a died-in-the-wool RINO but think what Obama evil will perpetrate with justices appointed under Obamaism (aka socialism).

Thomas Sowell
Like many others here, I am a huge fan who must disagree with you this time. I agree with the thrust of your column that judges are very important but, McCain will not appoint the type of judges that we need. He will appoint the type of judges that his good buddies Lieberman, Kennedy, and others want. Believing otherwise is wishful thinking. Ginsburg can retire knowing her spot will be secure regardless of which president is elected. I am surprised she has not already made the announcement.

McCain is the first republican nominee for president that I can say is absolutely every bit as pandering and dishonest as the typical dem candidates. I don't believe for one second he will nominate true constitutionalist justices and, as others have mentioned, they would not get confirmed even if he did choose to fight his friends which is not likely, imo.

THE BLACK PRINCE !
Would please elucidate?


Kind Sir, Whatever DO you mean?

"Give it a dam break will you??? GEEZE. "
~~~

Could you be more specific? I AM willing to give a break, if I know what offends thee.


Black Prince,
I admire your posts as they are knowledgeable and thoughtful. I admire this, but I do not have your skills and abilities.


After following this fascinating poster for many weeks, I learned.

MRC and I are old friends, I outed him as a provocateur, a couple of weeks ago... (I laughed for 20 minutes, thinking of all the people he suckered in, YES, I was foremost among them!) who used illiteracy to provoke others, and he has honed his skills under my tutelage, and VERY significant others. I do enjoy japing him, and I suspect he also enjoys the repartee.

If you are a conservative, AND I BELIEVE YOU ARE, and if you bother to de-cipher his posts, you will find an abundant amount of very good thoughts. Also, you will find some, you will strongly disagree with.



Please I want to be friends, with ANY conservative, and I do not wish to offend anyone.

Even when I jape someone, I DO try to do it in a kindly fashion (most of the time).


If this is not good enough, and you do not agree, would you kindly scroll past my offerings? I will continue to read yours, though, as you impart knowledge that I do not have.


Justice Kennedy
If I could have a conversation with Justice Kennedy - I would say "You moralizing twit! Who died and made you God and King? Is your judgement about morals more important than Thomas Jefferson's or John Adam's? You are more dangerous than the other non-strictly constitutional judges because you apparently have no anchor other than your own moral compass - and it is mostly broken!"

So I should vote for them anyway...
Because R's try to be nice and play fair?

Didn't you get the memo?

Bi-partisanship sucks!

What kind of tea are you drinking?

I want leaders who represent me. If I vote for someone who makes deals with some loony in CA how is that a good thing? I don't want someone who will be liked by socialists. I hate socialists. If socialists like my elected officials there is something that needs to be changed and it isn't my mind.

I want a Congressman and Senator's who tell the environmentalist to pound sand. I want to hear someone say, "If you want to save the fish, buy a pond and save some fish."

Wake up America!!

Dr. Sowell is wrong again
This same old elitist attitude that we must vote the lesser of two evils is not surprising. After all, Dr. Sowell is another elitist.

What these people do no understand is that by not voting Independent/Third Party because of the myth that we will be supporting the worst of the two evils only guarantees the continuation of the evil. It becomes a self-fulfilling prophecy that an I/TP can't win therefore we don't vote I/TP therefore I/TP candidates don't win.

What follows that is more and more power to the two majors, resulting in more partisan battles for that power. We get more big government, less personal freedoms, and the internationalists who hate America gain more influence.

Sorry Dr. Sowell. You might have a fancy degree after your name, but you do not understand how the current corrupt two parties are destroying Constitutional government and freedom here in our beloved USA.

If you want to learn more about how we have been duped, visit my website, JOEOLIVAFORPRESIDENT.ORG. You will also find links to over 20 other independent candidates who have websites you can explore.

Check them out, why not? The elites have stolen our inheritance! When are we going to reclaim it? Thanks, Joe

In General
Cannot be written any better.

Liberal reaction to SCOTUS ruling
This from a recent op ed by some liberal pansy in the CSM:

"In a bold stroke that defies two centuries of laws, the justices found the Second Amendment allows "law-abiding, responsible citizens" to possess handguns"in defense of hearth and home." The ruling ends a debate over whether the amendment applies only to militias and not to individuals.

But then, almost by way of apology and recognition that more than 80 Americans die by guns every day, the court wisely offered ways to limit this newly minted right."

That's right. A newly minted right to bear arms was recently created by SCOTUS.

"This new gun right is not absolute. Nor does it justify gun ownership as necessary to repel repressive government, as gun advocates would like. Lawmakers must act soon to take advantage of loopholes in this ambiguous ruling."

This is what we are dealing with. This is who John McCain wants to compromise with and satisfy in his desire to transcend partisan politics. Compromising with democrats is simply making a deal with the devil. McCain is only too eager to make a deal and receive his praise in the NYT. I love you Dr. Sowell but, John McCain will not be better than Barak Obama as president. He is not a lesser evil but, just a different one. I would rather deal with a sheep than a wolf in sheep's clothing. Let a democrat take responsibility for liberal policies.

THE Black Prince ~ Parker
"Black Prince
Location: GA

Reply # 9
Date: Jul 1, 2008 - 9:43 AM EST Parker
What planet do you live on? If you don't think you can be stripped of your rights, you aren't keeping up. The cops and agents of the Imperial Federal government break down doors and take peoples rights every day. If you get in their way, they'll do the same to you. A "RIGHT" isn't worth a hoot if you are not around to exercise it."

~~~

Parker, et al.

Will you challenge the Black Prince to a Joust?

I WILL NOT ! I have better sense.

Do you remember Waco? Do you remember Ruby Ridge?

Are your ONLY impressions of these events, what you saw on the MSM?

Or perhaps you were not even born yet.

If so, you are woefully IGNORANT !!!




LOL,Rats!
I see CMR makes your day like he makes mine!

Keep 'em coming!

Happy Jake - Amen
Amen to your list of items toward which the Constitution remains silent but which have been rendered as law by nine folks in black robes.

I'd like to extend your comments even farther. I'd like to include something that is in the Constitution but that many of these nine folks in black robes continue to ignore. Article V of the Constitution provides a means for the Constitution to be amended. It requires that 2/3 of both houses approve the amendment and THEN that 3/4 of all states ratify it. This was purposely made arduous because the drafters of this document knew that if the Constitution were to be easily capable of amendment to conform to what Justice Kennedy might consider "evolving standards of decency" or to a "national consensus" this would spell tyranny.

Article III, Section 2 provides that the Congress shall have the power to reglate the SCOTUS. The Congress would thus have the power to establish that SCOTUS must adhere to the original intent of the document or may not declare a law unconstitutional without a unanimous vote of the justices. This would all be possible if the Congress would exercise its authority. But it doesn't. The reason it doesn't is that many in the Congress have their own agendas that are currently being furthered by the court. They don't seem concerned that by failing to regulate the court they are disenfranchising themselves as well as all their constituents. If this Congress is truly willing to abdicate their power to others they could soon find they can't get it back. The SCOTUS has become a nine member oligarchy running this country and usurping powers that belong to the Congress and powers that belong to the President within a Constitutional framework that was created to preserve balance.

It appears many posters here

do not realize how far left Obama's political views are.

Without question,

not voting for McCain will help Obama win.

Conservative Ron and Francis Porretto
Well said.

It always struck me as slightly odd that it would necessarily take nine of presumably the greatest legal minds to *interpret* the Constitution. Is English really so difficult? Are the words so utterly confusing, archaic and esoteric that the average person could not understand them? The SCOTUS is going, hand in hand, with the conniving, "corrupting and corrupted instruments" of the executive and legislative branches.

As only Jefferson so brilliantly foretold:
http://www.constitutionalfreedomfoundation.org/Articles/pro per_role_judiciary.htm

Joe Oliva
Wow, do I agree with your statement, "What follows that is more and more power to the two majors, resulting in more partisan battles for that power. We get more big government, less personal freedoms, and the internationalists who hate America gain more influence."

The problem though, as I see it is that third parties continue to attempt to influence power from the top down when they should be working from the bottom up. Wouldn't the election of someone like Bob Barr become more probable if the libertarian movement first worked to gain seats in the legislature? If people like Ron Paul were to declare themselves a part of the Libertarian Party and others were to be elected from that party then at some point the election of a president with those credentials might be viable. As it stands, if Bob Barr or any other third party candidate runs they can expect a minimum vote and it gets worse every election because voters recognize that Perot begat Clinton, Nader begat Bush. As grateful as I am that Nader helped siphon votes from Gore in the 2000 election we have to realize that the strategy for a third candidate becomes more and more unlikely as with each election we see the outcome influenced by votes that are drawn from either the more conservative or the more liberal candidate because that candidate is not conservative or liberal enough.

Bob Barr was a great Congressman. I'd encourage him to run for that seat again as a Libertarian and to build the party from the ground up. Get Congressmen and Senators elected to provide a base and then work to elect a president. I just don't see it happening the other way around and for this reason I will be voting for McCain. For me to do otherwise would be for me to risk saddling our servicepeople with Barack Obama or Hillary Clinton as their commander in chief. I can't let that happen.

PDM
Amen to you as well. We have allowed our elitist attitudes of the judiciary to determine that justices must be made from the finest legal minds in the country. We have taken this a step further by citing that the finest legal minds can only come with credentials that include Ivy League schools. From my point of view this immediately renders these men and women out of balance and elitist. Who says the greatest legal minds can only come from a prestigious school? Who says that a businessman or a doctor or a tradesman can't be of sufficient intelligence to be able to read the Constitution and determine what is consistent and what is not? God knows, a businessman, a plumber, a doctor and a barber couldn't do any worse.

HAR HAR
Parker
Location: OH

Reply # 5
Date: Jul 1, 2008 - 10:15 AM EST So I should vote for them anyway...
Because R's try to be nice and play fair?

Didn't you get the memo?

Bi-partisanship sucks!

What kind of tea are you drinking?

I want leaders who represent me. If I vote for someone who makes deals with some loony in CA how is that a good thing? I don't want someone who will be liked by socialists. I hate socialists. If socialists like my elected officials there is something that needs to be changed and it isn't my mind.

I want Congressmen and Senator's who tell the environmentalist to pound sand. I want to hear someone say, "If you want to save the fish, buy a pond and save some fish."

Wake up America!!

Parker ~ Apologies, please

Parker, Re: My previous post... Please disregard,

I believe you ARE up to the challenge, as you, do, joust with skill.

I am still not worthy.

I can see good points in both your arguments, and I believe you are, both, not far off in your thoughts. Both are fed up with BIG Government. Both want the Government to revert to the Constitution. And, we all realize our Country is disintegrating, and we are angry about that.

I firmly believe that we are doomed. The Coms control our schools, they control our colleges, they control our media, they control most local governments, and a good portion of the National government.

We have four intelligent people on the Supreme Court, and we have four idiots, we also have the defacto Chief, Sandra Day O'Kennedy...
"Hello, it's sunny today, OK, I'm conservative."

YES! We are doomed.

Four are slime, Four are good, and the SDOK is the very most despicable.

Five of these Prelates have never had an original thought in their lives.

Gee, Decline of The Roman Empire? When do the open orgies in congress start?

The Vandals are already at our gates, and many have already invaded.

Where is Sullem when you need him?



Ratas...don't make assumptions
Trust me, I was born, so shut up.

If all you can do is make knee-jerk assumptions and call names
you must be the ignorant one.

Try this one more time:
You have the right to think about and talk about anything you want.
Why? Because you are a living being, created with certain natural inclinations which, while some men may attempt to suppress you, they will eventually fail. Either by your sole individual effort or a collective determination of like-minded individuals or the usurpers eventually resorting to despotic tyrannical behavior. Either way they lose ultimately. Truth is always sharper than any two-edged sword. Truth always triumphs over tyranny. The truth sets you free. Always.
Now, if a court claimed to possess the power to outlaw thinking about the color red would this be a law? Or would they have legitimately rendered free thought illegal?
Would you stop thinking about the color red?
If you answer correctly there is hope for you.

Likewise, if the court had ruled there is no right to own firearms for self-defense would you have yielded and surrendered or would you have made certain you had weapons? Would you be willing to defend your right to self-defense?

What if the constitution was written before the invention of the gun? Would they argue that only spears and swords were legal? Ginsberg tried to argue that arms meant 'muskets,' therefore, perhaps, we could own muskets. If they ruled only guns for a collective right were lawful would the collective power belong to one or all in the group? If only one, why not every one. If they kill the belligerent one does this make them right or simply stronger?

Finally, if you have children and the state determines they want them would you yield or defend them to the death?

There is a reason 'rights' are said to be, "inviolate."
If you don't understand this simple stuff you really need to go study.

I'll joust anyone, anywhere, anytime.

Dr. Sowell and the Courts
Kudos, we need judicious appointment to the Supreme Court. We have the opportunity to defend our constitution from this supposed Constitutional scholars who along the way forgot they are supposed to "constitutionally interpret vs. legislating from the bench" The Liberal justices have forgotten this little detail and at present Justice Kennedy is on an "Ego Trip" Their apointments should be limited in nature as are the Congressional appointees. By continuing to expand their term in office they have lost perspective of who they are there to represent, "We the People" and not their special interests also, perhaps instead of getting vehicles from the "motorpool, they would actually have to stop at a gas station and fill up their tank...they have to feel what it is to be an ordinary American...they should also shop for groceries. I believe the pink slip for Pelosi, Reid, Murtha and Dodd and Thugs should be in the mail. The Obama, Obamacons, Obamamaniacs and company must not prevail unless we welcome the idea of the United Socialist States of America or wake up every morning with an agenda full of what you can and cannot do. Where is the fun in that??

Nam65-66


Location: NY

Reply # 8
Date: Jul 1, 2008 - 10:39 AM EST Subject: LOL,Rats!
I see CMR makes your day like he makes mine!

Keep 'em coming!

~~~

Thank you kind Sir. I try to stay on target.

My best group was with a friend's 7 mm hybrid in an XP-100, at 100 yards, a three shot, quarter inch group. My friend was astounded as he was wishing to sell the thing.

I declined to buy it, as it was painful to the wrist. I offered to make a copy of the target, which we signed, and copied. He sold the fine tool the next week, and the target was the deciding factor.

(I still have the original target.)

Recognize the target, stay on it and let hell fly.



Sounds like a good motto to me.

P.S. I also regularly, put 6 rounds of 44 Mag into a 1 1/2 group at 7 yards, double action. Five rounds always go into one hole and the sixth opens it to 1 1/2 inches.

Ruger Redhawk. Love it!


Better a patriot in heart and soul...
...Than a phony-baloney, Neo Kommie GREENgo. Yes, McCain carries a lot of non-conservative baggage. But only the kommies ultimately seek to impose absolute control. Remember Cuba and Venezuela - they were once constitutional republics as well. It can't happen here? It's ironic that those most willing to allow it are the anti-McCain-at-any-cost conservatives.

I Should Vote For Them Anyway?
Damn Parker, Location Ohio.

You said more in one small offering than I have read in this entire production...including Dr. Sowell (whom I do admire).

Thanks for the uplift.

Catfish

I agree that
the opinion of SCOTUS 5-4 on the second amendment was in keeping (in general) with what the founders intended and that the Opinion (different 5-4) about terrist detainies was NOT what the founders intended. If we cant appoint jurists that defend the constitution rather than legislate from the bench we are in big trouble. One only need to look at the 9th court to see what trouble can be caused.

Conservative Ron
You are defining the very core of the problem. i.e., that I/TP candidates can't win therefore don't vote I/TP, therefore I/TP canidiates don't win!

If you vote the lesser of two evils again, when will things change? How do you think both parties will view the votes this year? They will see that the sheeple always come back. The GOP that you love will believe that you support their positions and they will continue to move farther left. There is no incentive for them to do anything other than the same old same old, and as Einstein defined it, Insanity is doing the same thing expecting a different result.

As for the down ticket voting, don't you think that an I/TP Presidential winner will gather even more support for it's other candidates? Of course it will, and then we can begin the restoration of Constitutional government. As long as the Presidency remains part of the power struggle between the two parties, nothing will change.

Please visit my website and see the details of this. I have covered how we are being duped out of our inheritance at every policy level.

A vote for McCain is a wasted vote because we are putting off reclaiming our inheritance for another day. With each election, the elites gain more power, not less! Why continue to support that? Thanks, Joe

Laws are made by men
Sowell makes a good point. Laws are made by men and the Supreme Court is composed of men and women. And only nine of them at that.

Now, men can be intelligent or stubborn or arrogant or kindly and many other characteristics which they bring to the Supreme Court.

The members of the Supreme Court can make good law and they can make bad law.

It is naive to think that appointing 9 conservatives to the Supreme Court will result in good law.

Parker House...
Parker
Location: OH

Reply # 3
Date: Jul 1, 2008 - 11:18 AM EST Ratas...don't make assumptions
Trust me, I was born, so shut up...

~~~
Please forgive me.

Kind Sir, I have already apologized.

Please accept my apology.

Perhaps our posts passed each other.

Please do not think of of me as an ignorant onager.

I merely misunderstood your previous posts.

I am as conservative as you, or even more so.

I confess I skimmed reading your posts, after have been at work for 14 hours, and am somewhat tired.

I was also born. Shortly after Pearl Harbor.

I have been a conservative for 52 years. I have never, in my life, voted for a democrat.

AND, I never will!


AND, I never will! McCain ? Sorry he is a democrat.

One last time, I am sorry that I misunderstood what you were saying.

Friends? :-)?




Joe Oliva
If we think that having a thriving 3rd party in america will be an improvement we should think again. I remember voting against Bush the father and helped Clinton take office!!!! But what I really dread is having a country split in thirds not in half as it is now. That situation would allow an even smaller group of fringe voters to take control of the country. Think of the Mexicans or the Muslims for instance or even the Move on .org crowd!!!

Justices
The usual liberal complaint about McCain's possible justicce appointments is that he'll have a Dem Congress to contend with and won't be able to get his appointments confirmed. The same could be said for Bush. However, McCain is much more likely to appoint strict contstructionists rather than legislators to the bench. Thus, BO becomes an unbearable odor we cannot afford since there can be no doubt he believes the SCOTUS should legislate "their consciences" from the bench. The US would quickly disappear becoming some 3rd world lawyered monstrosity or anarchy would prevail. One needs not love for McCain to recognize he is simply the better of two awful choices, and that he is so is the fault of US Citizens, christians and conservatives, who could not find any better alternative. There is no better argument for a third viable party than McCain but none have any chance in THIS election. I highly reccommend the Constitution Party but they must first find candidates and leadership that will be popular enough and have sufficient energy and courage as to effectively run for any elected office. All my political energies will be devoted to that third party after this Presidential election. The GOP long ago left me but no one has managed to build any strength elsewhere. Let us pray the Cons grow not due to the failures of McCain but because the Dems make it clear they are the Socialist Party of the USA and require destruction.

Parker House...
Parker
Location: OH

Reply # 3
Date: Jul 1, 2008 - 11:18 AM EST Ratas...don't make assumptions
Trust me, I was born, so shut up...

~~~
Please forgive me.

Kind Sir, I have already apologized.

Please accept my apology.

Perhaps our posts passed each other.

Please do not think of of me as an ignorant A-Word.

I merely misunderstood your previous posts.

I am as conservative as you, or even more so.

I confess I skimmed reading your posts, after have been at work for 14 hours, and am somewhat tired.

I was also born. Shortly after Pearl Harbor.

I have been a conservative for 52 years. I have never, in my life, voted for a democrat.

AND, I never will!


AND, I never will! McCain ? Sorry he is a democrat.

One last time, I am sorry that I misunderstood what you were saying.

Friends? :-)?




Tweedle Dee And Tweedle Dumb
George Wallace, in 1968, who was running for president as an Independent and gaining much national support from both of the other parties, made a statement that pretty much went like this: "Voting for Democrats and Republicans is like voting for Tweedle Dee or Tweedle Dumb. There is not a dime's worth of difference between them." That was true in 1968, but never before has that been more true today, 40 years later. The Media and the Other two factions tried to throw Wallace Under The Train with negative media commentaries, but Wallace was gaining support from Americans of every color and race of Americans because the people were listening to what HE SAID, and NOT TO WHAT THE MEDIA OR The Reigning Dem or Repub Was saying about him. He had a Grassroots campaign that likely would have made him president. Unfortunately, a wacko Liberal, shot him in the back and Ended his Campaign.

What Wallace knew was that the Democrats and Republicans were one in the same, and that the only time they appeared to be different was during campaigns when they would get on the media and stump their "supposed differences." They were pretty much like TV wrestlers, who we all know, are just actors, acting like they are enemies for the shows they put on. The wrestlers get on TV and hype how they are going to break bones and do other dastardly deeds to the other, etc.
The same is true for our two "supposed enemies", the Dems. and Repubs. As soon as the elections are over, and one or the other wins, it is business as usual. M. Jerome Ennis, MA in Tuscaloosa, Al

Tweedle Dee, etc. (continued)


What Wallace knew in 1968 was that the Democrats and Republicans were one in the same, and that the only time they appeared to be different was during campaigns when they would get on the media and stump their "supposed differences." They were pretty much like TV wrestlers, who we all know, are just actors, acting like they are enemies for the shows they put on. The wrestlers get on TV and hype how they are going to break bones and do other dastardly deeds to the other, etc.
The same is true for our two "supposed enemies", the Dems. and Repubs. As soon as the elections are over, and one or the other wins, it is business as usual. The Dems do nothing to change what they said they would, and only do more of the same. The Repubs do nothing to change what they said they would, and only continue to support one another.

They give us the 2 parties to select from, but in actuality, they are ONE AND THE SAME.
They put on these TV staged Fights to give us the Ignorant Masses the belief and idea that our vote makes a difference. These 2 Factions of the SAME PARTY, do not want a legitimate Other Party To Challenge Them.

And, even if a legitimate Republican Candidate comes along and Challenges the Party And Media Selected Candidates, The Party and The Media Will Quickly Throw them under the Train, so that the Candidate that they, The Media and The Party, have already pre-ordained to put on the Official Dog And Pony Show will be what we have to pick from, so that they guarantee that nothing changes for the better. So, this time around you get Tweedle Dee or Tweedle Dumb again.
Still, I would choose McCain over Obama, just because I don't like Obama nor his Hate-Filled wife.. Jerome Ennis in Tuscaloosa, Al

ratas y ratones
nah having too good a time to change anything. i dont write these to change anyones mind and i would hope that almost all of the others who write theirs dont do it with that in mind. read your audience. do you really think that you can convince these people of anything other than what their personal prejudices tell them is true. besides, once in a blue moon i might change someones mind about something and then find out he was right. i would feet terrible for at least an hour. im really having too good a time counting those people who spend an inordinate amount of time counting the words i misspell. do you really not have anything better to do with your lives. and last it does all these closed minds some good to at the very leaset glance at my thread, deliberately refrain from rwading it, and derive whatever satisfaction they get from that . i live to serve

and if i can giv someone that moment of pleasure it makes my day. i learned as a teacher and as a parent that it is very hard, if not impossibe to change anybodys mind if they are really serious about their belief. why would go against my beleief

Proud Lib
writes, "It is naive to think that appointing 9 conservatives to the Supreme Court will result in good law."

I do not wish for nine people to make the law. Neither did our founding fathers. Nine conservatives on the supreme court could invalidate some bad law thereby making life a little better until we can eradicate socialism as a viable option for the election of politicians. Not likely, making a conservative supreme court really the only viable check on congressional usurpation of power from the states. If rolling back power to the states and reviving federalism were possible through a conservative supreme court, it might actually buy some more time for this country to get its act together.

As we move closer and closer to pure democracy, as more and more issues are thrust into the federal domain and require a national legislative vote or supreme endorsement than be prepared for the inevitable fracture of the nation. The desire of people to be king, the desire to see their preferences forced on others for the common good is the opposite of the individual rights our constitution was designed to preserve and will doom the country as surely as any socialist country has always failed.

A democracy or republic with no limits on federal power is no better than a dictatorship. It is only through the strait jacketing of federal power that liberty may survive. Most people eagerly give up their liberty for a quick buck or for power over others. As Parker noted, when the majority of people are unwilling to defend liberty with their fortunes, honor, and lives then, liberty is doomed.

Ratas y Ratones and Parker
Ratas, sorry. I didn't understand the back and forth you were having about English grammar and thought that your discussion of it here was misplaced. It was not. My error and I appologize.

Parker

I'm 66. Back in 1961 your Uncle Sugar allowed me to join the Navy and see the world. I spent two years and three months on PBR's, Mike, and Swift boats in the Brown Water Navy up close and personal with some guys who were always trying to kill me and did kill many of my friends. Spent four years as a deputy sheriff and had three fellow officers killed during that time, one of which was standing right beside me at the time. But for the grace of God, it could just as easily have been me. I evened the score by killing three and paralyzing one from the neck down. I could have been killed any day doing any of that so your question as to whether I am afraid of dying is an obvious retorical one.

What I was attempting to do, but failed to accomplish, was to make the point that by the court's decision, we can keep and bear arms without having to face any little political sub-division with a police force deciding to break into your house in the middle of the night and you HAVING to die to protect your rights as so many did under Janet Reno's justice department before the court' Heller decision.

I didn't make my point clear. You apparently read my unclear words differently than I intended them. I responded to your misunderstanding. We butted heads. Big surprise huh?

No matter. This is never personal with me because I understand that there are many people who disagree with me which is perfectly okay. As Americans we can do that and elections are where we settle those differences.

At some point however, if the government, even that which was duly elected, over steps its Constitutional authority, then it'll be time for blood in the streets. Had the court decided the Heller case differently, it would have been that time.

happy jake
it is not the judicials job to see to it the the law is enforced. they determine whether a law is legal . or constirutional. it is the executive that has the authority to enforce laws and he has done a delibertly poor job of it. if you are looking for one person in the government iwho has done more to destroy the balance of powers the responsibilities of each brach as outlined in the Constitution it is George Bush. his use of executive nullification will eventually destroy our system much more quickly and more efficiently then anything th supreme court hasdone. he should be impeached (and i really hate that idea (and
) for nullification alone . a president cant take a law which has been passed by congress and before he signs it list all those parts of the law he does not intend to enforce. . any more then you or i can do the same thing this its truly horrible doctrine and one which nmust be stpped immeiately. if our president doesnt like a law the constitution provides perfectly fine means of showing this by the veto. nullification is secret, caprecious and dangerous, because we willl never know which part of what law he intends to enfoce especially if he signs laws in private. he is truly a terrible president

A box we don't have to be in
That's what the working interpretation of "judicial review" has come to. It's the biggest con job ever perpetrated on the American people: that the judicial branch is supposed to be the final arbiter of either what the Constitution "really means," or how every emerging situation fits into it.

That's what we are all taught in school. And it's wrong. Congress has the power not only to reorder the whole federal courts system if it chooses, but to set limits on what the courts may rule on. (US Constitution, Article III, Section 2.) Acts of Congress require presidential approval, of course, or a veto-proof majority; but it is only at our sufferance, and that of Congress and the president, that the Supreme Court gets away with making the politically momentous rulings described by Sowell.

Unfortunately, McCain is no guarantee of the quality of judicial appointments. Reagan, after all, gave us both a great justice (Scalia) and two poor ones (O'Connor and Kennedy). Bush gave us Roberts, but had to be howled at by his base to nominate Alito. Nixon (!) gave us four of the best justices to ever sit together on the Supreme Court (Burger, Blackmun, Powell, and Rehnquist).

Obama is a guarantee of bad judicial appointments, and that's important. But the "fix" here is not to vote blindly for whoever has an "R" after his name, and cross our fingers. It's to get our concept of judicial review realigned with the Constitution. It will take Congress and the president acting in concert to start that process.

@Proud Liberal
You're missing the point here. Yes, men make laws. However, the Constitution does not give the -Supreme Court- the authority for lawmaking. Ergo, any attempt by said body to make laws, whether seemingly for good or for ill, is inappropriate and should not be permitted.

Proud liberal
""The members of the Supreme Court can make good law and they can make bad law.
It is naive to think that appointing 9 conservatives to the Supreme Court will result in good law. ""


Your entire argument is flawed by one word.

The SCOTUS is not empowered by the constitution to Make laws. The court is only there to Interpret the laws and make sure they're constitutional.

Making laws is Congress' job.

It's a crying shame that schools don't seem to teach Civics anymore.

Congress Makes the Laws (Legisative Branch), The president Executes the laws (Exectutive branch), and the Judiciary interprets the laws. (Judicial Branch)

When the SCOTUS "Makes Laws" like the recent Habeus Corpus decision, it has overstepped it's bounds, in which case the executive and legislative branches can choose to ignore the ruling.

If we had a Real conservative in the White house he would have the cojones to do just that.
Of course Bush, and mccain are too busy trying to make democrats like tham to find their cojones.


All that being said, I still plan to don an industrial strength clothespin, and vote for Mccain, because a 50/50 chance of getting a decent SCOTUS justice to replace a retiring liberal is still better than a 100% chance of getting a raving communist justice under the reign of "Obama the Wise".


NObama '08
Seig Heil is now "Yes We Can!".

Yikes!
Sowell: "When deciding which candidate you want in the White House for the next 4 years, it is worth considering what kind of judges you want on the federal courts for the next generation."

Yikes! This is so wrong! It has even been borne out by recent history (and even by Sowell himself in this article!) that there seems to be no correlation between Presidents' party affiliation and how a justice will vote on a case, as it reflects politically.

This fact alone vitiates Dr. Sowell's argument against voting third party. It has also been very troubling to me that, in his recent articles including this one, Dr. Sowell has been going to strained lengths to convince people vote for the GOP candidate. I'd rather he stick to championing principles instead (as he used to), and leave the party politics to others. Apparently, this is a turn for the professor and we will be seeing more party shilling in future offerings. Sad, really.

I also agree with Joe Oliva's comments. I wish that most Americans would wake up and start voting their consciences. Then likely "losers," like Mr. Oliva, would have a chance. Or we could always continue, as usual, to vote for a "winner," like McCain or Obama; but what would we be winning? More crypto-communism? Is that what we want?

Quick Review
I see there are several self-aggrandizing conservatives running around on TH today...full of lofty aspirations to “change the status quo” and “punish the RNC”. However, let’s make no mistake about it...deciding not to vote for McCain is an intentional decision to vote for the most socialist, most pacifistic, most unprepared, and most unqualified major presidential candidate in our nation’s history.

Stay at home = vote for BHO
Vote for Barr, Bugs Bunny, or some other write-in = vote for BHO

Go ahead, stay home or throw away your vote...your little act of defiance may make you feel better (temporarily), but it will be completely missed by the MSM and the RNC (see: 2006 elections). ...and then we can all watch our country’s death spiral while you pat yourself on the back for your pathetic “righteous” stance.

MRCMRC
Spare me the 7th grade civics lesson, please. Every kid is taught that Congress makes the laws, the President enforces them, and the courts interpret them. A simple scan of any legal case shows this to be a gross oversimplification.

Yes, Congress makes the law in a general sense. More accurately they write the language as a bill and vote to submit the bill to the President for signature.

The President signs the bill into law (it is non-binding before that point), at which point his participation in the creation of law is complete. If he does not sign it the bill does not become law without a 2/3 majority vote in both houses of Congress.

The Courts enforce the law by application. Yes, the executive branch includes the Attorney General's office and the various prosecuting attorneys, but it is the court that (a) decides the guilt or innocence of someone accused of violating the law, (b) decides the applicability of the law, and (c) presuming a and b are true, provides the punishment within the guidelines set in the law by the legislature. A court can decide that a person is not guilty because a law does not apply to the circumstance, or because the law violates the Constitution, hence Judicial Review. In Marbury v. Madison, the Supreme Court affirmed that it has the power to positively strike down laws that violate the Constitution.

The court is often required to interpret the law because legislatures (being made up primarily of lawyers) write laws so that only lawyers can understand them. As such many laws for what should be simple subjects are actually very complicated. Look up New York's murder statutes for an example. Beyond that there really isn't much interpretation to be had. A person is either guilty or innocent, and a law is either valid or invalid. It's actually a pretty simple concept.

If you base your entire worldview on what you learned in middle school or earlier, your arguments are not going to get very far.

icedog, paul, rick42
The point I have been making about I/TP votes is this: The two parties have rigged the system to keep themselves in power. As this struggle for power has grown over the past 60+ years, the partisanship has been increasing. Leadership is nowhere to be found and the needs of the nation are buried in faulty liberal vs, conservative solutions that get nothing accomplished except more big government, less personal freedom, and MOST IMPORTANT - more power to the internationalists.

You must recognize that both parties have been selling out America sovereignty to the UN and through treaties like L.O.S.T. They both believe ultimately in a New World Order/One World Government to provide the sheep with a utopian existence.

Our military is used as the world's police force, at our expense. Our jobs are shipped overseas and we refuse to drill for oil right here at home. The borders are wide open, allowing in illegals who do not understand the Constitution or how we even got the freedoms we hold precious.

If anyone thinks that the GOP is the future of freedom for our kids, you haven't been paying attention. The only way to stop the madness is to start right at the top and deny the elites the Presidency. The Constitution Party looks to be a good choice right now, although I think Baldwin is too religious. Still, if all of us actually joined that party, we could control how it develops and keep it true to the Constitution and freedom!

Don't be fooled by the DEM/GOP/MSM propaganda that we must once again hold our noses. It isn't true and nothing will get better by voting the lesser of two evils. It simply will be the same old same old, guaranteed. Joe

Icedog
""Go ahead, stay home or throw away your vote...your little act of defiance may make you feel better (temporarily), but it will be completely missed by the MSM and the RNC (see: 2006 elections). ...and then we can all watch our country’s death spiral while you pat yourself on the back for your pathetic “righteous” stance.""


I have to agree with you Icedog.

When Mccain first became the presumptive nominee, I was one of the chorus calling for a 3rd party vote to punish the republicans, But as I watched the "Obama Circus" roll in, I started to think Mccain was begionning to smell better.

Believe me I'm Far from a McCain fan, the man ticks me off more than i agree with him, but when I see the alternative, I like him a LOT more.

The SCOTUS appointments thing is the deciding factor for me. Do we want a 50/50 chance of getting a constructionist judge, or "punish the RNC" and have a guaranteed 100% chance of a looney liberal making new laws from thin air?

As much as the clothespin hurts my nose I'll be pulling the lever for McCain, because a 50/50 chance is still better than what we will get under the rule of "Obama the Wise".

On election day, you and your conscience are the only ones in that booth. Vote your conscience, but be sure you understand that your decision will affect your kids' and grandkids' lives for the next 50 years.


NObama '08
Seig Heil is now "Yes We Can!".


THE Black Prince...


Black Prince
Location: GA

Reply # 6
Date: Jul 1, 2008 - 12:49 PM EST Ratas y Ratones and Parker
Ratas, sorry. I didn't understand the back and forth you were having about English grammar and thought that your discussion of it here was misplaced. It was not. My error and I appologize.

Parker

I'm 66. Back in 1961 your Uncle Sugar allowed me to join the Navy and see the world. I spent two years and three months on PBR's, Mike, and Swift boats in the Brown Water Navy up close and personal with some guys who were always trying to kill me and did kill many of my friends.

~~~

My God, sir ! I had no Idea. Thank you for your service !

My respects Sir! I also am 66! A kiddie cruiser that extended his service.
Yes, I enlisted when I was 16, one month before my 17th birthday.

I am USN 1960-1966, FTG2 ( FireControl Tachnician, Gunnery) Blue water Navy.

We did shore Bombardment, Aircraft Carrier Lifeguard duty, and spent 6 weeks at sea for every week in port. Gulf of Tonkin!

Oh, Yes, I loved my job, getting to pull the trigger on 4, 5 Inch-38 Naval guns!

This is 4, 54 pound projectiles going out at 2800 FPS to a max range of about 18,000 yards, and hitting within 180 yards. The shore spotter put us on target, and we got 'thank-yous' from the recipiants.

The noise was incredible, the ship rolled to one side, the smell was potent, and powdered cork filled our nostrils.

The ammo was two-part. Powder case, brass, about 30 inches long, plugged with a cork seal, and warhead. Several varities. HE, WP, Starshell (beautiful),

Our ship won the coveted 'W' award for Weapons Efficiency, in WestPac.

I was assigned several times to visit other ships as part of the obsever team, during gunnery shoots.

Funny stories here, but another time.

Please keep in touch !



Joe Oliva
Actually I agreed with you before, Joe; but good comment again.

Sowell Losing His Grip?
Over the last few months, I've gotten the impression that Dr. Sowell is losing his grip. This article is one example.

As many have pointed out, McCain was the author of McCain-Feingold -- one of the most blatantly unconstitutional laws to come out of Congress in the last decade. Is this the man we want appointing Justices?

And then again, McCain was the man who made a deal with Kennedy to keep even the moderately conservative judges appointed by GWB (no true conservative himself) off of the bench.

There is absolutely NOTHING in McCain's record to suggest that he would appoint conservative Justices. Furthermore, Sowell knows this & before McCain sewed up the nomination he was willing to point this out. In fact, he said he would consider moving out of the country if McCain were elected president.

So what gives? Either Sowell has betrayed his principles & has become a shill for the GOP, or he has lost his grip on reality. The later explanation is more charitable.

Separation of powers
You only have to look at the government in Washington to see what 300,000 Confederate soldiers died to prevent.

A Modest Amendment
To The Constitution Would Solve This Little Dilemma:

"Any decision of the Supreme Court of the United States can be annulled by 60% vote of both houses of Congress and concurrence of the President if accomplished within thirty days of the announcement of said decision."

Elections
This election has finally forced me to admit to myself that democracy is a failure. Human beings are driven primarily by their simian instincts. There is not enough critical thinking going on to keep a democratic system from destroying itself and it's parent civilization. The antidote is a single party system dedicated to the cause of abolitionism. Membership should be by invitation and, advocates of human slavery should not bother applying. Of course there is no practical way of achieving this so, I will just have to wallow in bitterness and despair as this civilization goes down the tube.

sedonaman
to your reply #30

Yes, conservatives understandably went ballistic when Bush nominated his long-time friend Harriet Myers for a spot on the Court.

But because Bush is at least somewhat ideologically grounded and a friend to conservativism (though certainly NOT in the Reagan mold) he was persuaded of his mistake.

McCain is no Bush. He prides himself on his fundamental impulses to walk across the aisle and do business with liberals. As a consequence we get such assaults on our free speech as McCain-Feingold (which Bush, to his descredit, failed to veto), assaults on the free market as McCain-Lieberman, assaults on our nation's sovereignty as McCain-Kennedy (another huge Bush mistake), and I could go on. Remember too that McCain's response to Bush's tax cuts was a loud NO.

McCain is a self-described Maverick and is totally unreliable. Moreover, he has a well-known, though now not much talked about, antipathy to the right wing of his party -- despite his making nice to Billy Graham this past weekend.

And let me add this: He will be happy to stick it to us if he gets the chance when court nomination-time comes around. I firmly believe that he would rather be seen to be a friend to our opponents on the Left than to pick someone so egregiously malodorous to them as an originalist judge.

You do know that the left lives and breathes to undermine whatever is left of our Founders' dream for this nation. And the power they exert on a weak reed (ideologically) like McCain is sufficient enough to bend McCain to their will on this issue particularly.

Judicial Activism vs Constructionism
First of all, let’s make sure we all recognize that we not talking about Liberal judges who would address the issue of Constitutionality in order to arrive at a decision consistent with their understanding of what is right and wrong vs. Conservative judges who would do the same thing. We are talking about the former vs. constructionist judges who would confine their deliberations to their understanding of what is and what is not Constitutional regardless of whether or not that agrees with their understanding of what is right and wrong.

The problem with the former is that it was not intended for the Supreme Court to conduct itself in that manner and so there are no checks and balances built into our constitution to address that kind of activism. We know they were not intended to conduct themselves in that manner because there were no checks and balances built into the Constitution to redress such actions. Judges are not elected and are not accountable to the people except to the extent of ‘good behavior’. That is not a problem as long as the Supreme Court does not infringe on Legislative nor Executive powers but it is if they do. It is not a matter of the outcome; it is a matter of the process.

Once past this matter of principle, we can discuss the practical considerations of which candidate would most likely appoint which kind of justices and then which kind of justices would most likely be confirmed by the Legislature. But there is little value is discussing the latter without establishing the former.

Judicial Prudence

Once again Thomas Sowell has perfect insight! Voter beware of Judges who want to change The United States of America to the The Socialist States of America. No President Obama!!!!!!

Raymond
There are no checks and balances on the SCOTUS at all because it was not invsioned that they would be the sole arbiters of what the Constitution meant. They grabbed that power for themselves via subterfuge worthy of Nixon.

He is not THE ONE
I do not trust John McCain to make good judicial appts. McCain should rattle off some names that he would appoint so we have an idea what he will do before we vote. He should also name a strong and trusted conservative for his vice president. Yes, I do trust McCain to run the War on Terror properly and efficiently and I believe he will promote drilling for oil in the U.S. He should drop the Global Warming bit. It's already "like so last year". We are in strange times and can't afford to turn the country over to Obama, George Soros and the rest of the radical leftists. Who knows maybe we will luck out and he will only replace one judge. At worst he will replace a progressive with a progressive.

Mr. Sowell I believe the leftists in Congress and elsewhere are working to destroy our economy but I really don't understand why. They can't be innocent by ignorance, I refuse to believe that explanation any longer.

Vic...
Yes, in fact in Federalist Paper #78, Hamilton goes to great lengths to assue us that the Supreme Court is the least dangerous branch of government because it has neither FORCE nor WILL, (capitalization his, not mine.)

Joycey...
They are not 'innocent by ignorance'; they are 'naive by arrogance'. They are so convinced of their own rightiousness and so enamored of their own good intentions that they believe anyone opposed to their solutions is opposed to their ends. It is not that the ends justify the means; it is that the intentions justify the means.

MRCMRC....

MRCMRC
Location: MN

Reply # 13
Date: Jul 1, 2008 - 12:37 PM EST ratas y ratones
nah having too good a time to change anything. i dont write these to change anyones mind and i would hope that almost all of the others who write theirs dont do it with that in mind. read your audience. do you really think that you can convince these people of anything other than what their personal prejudices tell them is true. besides, once in a blue moon i might change someones mind about something and then find out he was right. i would feet terrible for at least an hour. im really having too good a time counting those people who spend an inordinate amount of time counting the words i misspell. do you really not have anything better to do with your lives. and last it does all these closed minds some good to at the very leaset glance at my thread, deliberately refrain from rwading it, and derive whatever satisfaction they get from that . i live to serve

and if i can giv someone that moment of pleasure it makes my day. i learned as a teacher and as a parent that it is very hard, if not impossibe to change anybodys mind if they

~~~



AHA !

You too have discovered ' the prime directive', "You cannot change anyone's mind, once it is made up!"

I have made up my mind that you are ignorant. I previously had hopes for you, but you have let me down.



It is a great mystery
It is a great mystery to me why anyone would think that voting against John McCain because they "are not going to vote for another RINO" would "teach the Repupblicans a lesson" and they would produce a More Conservatice Candidate in the future. This is maddness. The Next Candidate will be more like The Winner of this election than the Looser. If Obama wins, the next GOP choice will be more liberal, not less. The Country will move left. (McCain winning may not move the Country at all, is he less conservative than GW Bush?) This is not rocket science folks, the political parties see where the votes are and tend in that direction. Not voting means you don't count, literally. What we need is conservatives voting; the bigger the block the bigger the influence.

Also, as I noted before, the time to pick a Conservative Candidate is before the Primary!

The Time to Pick a Conservative
Dear Sir,

I would have liked the opportunity to have selected a conservative. I live in Nebraska, and it had all been decided before getting to me.

Both parties have succeeded in a "divide and conquer" stategy to put THE PARTY above the will of the American electorate.

Until each state plays by the same rules, this will continue to be the case. Romney's vote count was not vastly different from McCain's when he dropped out. However, because some states have proportional delegate distribution and some "winner take all", later voting states are just screwed to the wall.

I am crying "foul" but I don't believe anyone is listening.

happy jake
have you ever been asigned , say, a 500 word essay? were you able to do it or did you find yourself squeezing your brain along about half way through. good rule for writing use as many words and as much space as you have to ((this is , unfotunately a rule i frequently and to my great sorrow , do not follow.) you might try it . it makes for a good intellectual exercise. you remember intellectual? . what can i cut
and stil say the same damn thing. try it with yours compared to mine for example,.

Jackpine
Like yourself, I'm far from describing myself as a McCain lover, but I'm also a realist (as I believe are most conservatives). Many here are saying, “…but, there’s no guarantee McCain will select strict constitutionalist judges.” So? He claims he will and he also has lifetime 85% conservative voting record. I’ll take my chances.

A simply analogy...if you were forced to choose between Russian roulette with 3 rounds in the chamber or jumping off the Empire State Building, I think the choice would be pretty clear.

Sir Michael
When are all of you die-hard party aparatchiks going to get the message? Nobody is trying to "teach them a lesson". What most of us are doing is refusing to vote for evil just because it is less evil than other choices. In additon, the Republican Party will continue to drift left unless the aparatchicks learn that it will cost them votes.

I do not want the 2012 election tobe a choice between a communist Jack the Ripper(D) and a socialist Stalin(R).

That is where we are heading with this "nose holding routine".

Two Choices --same same
Stevens and Ginsburg are both far lefties who will go within 4 years .
So if Oboma is Prez God forbid he will bring in two lefties .
same , same results .
But if Mc Cain wins and brings in two or even One Conservative we win. .

Harriet Miers
On the other hand, you can't trust a candidate's assurances of what kind of nominations he will make. Remember Harriet Miers? She is the farthest thing from an originalist. She is a liberal who happens to be prolife. Like the Bushes.

Papa Bush nominated Souter, one of the worst on the Court.

Don't look to Supremes, theyre wallpaper
I wouldn't look to the Supreme Court for salvation or defense of liberty or justification for McCain, they managed to not rule on the issue of Rent Control for decades, Rent Control is unconstitutional.

There is no legal or constitutional justification for rent control, its a symbol of our court's contempt for the Constitution and private property rights in favor of vote buying politicians who buy votes with other people's money.

If we can't get a basic ruling on basic property rights (charging market rates) than we're toast and this "non-ruling" on basic rights has gone on for decades.

McCain will probably get my vote
It doesn't seem to have penetrated the minds of the Bush crowd or the Chamber of Commerce wing of the G.O.P. that if John McCain chooses Romney as his running mate, he's going to lose a lot of social conservative votes.

We social conservatives rejected Romney's bid for the presidency. We're, at least many of us, no more willing to vote for him in the VP slot. As much as I a WIA Viet-Nam veteran would like to vote for John, I won't if Romney's on the ticket. Sarah Palin, Condi Rice, or Bobby Jindal would be fine.

Mick
Mick, I like your idea: On another note, what would happen if Alaska just told the Feds to stuff it and drilled for "their oil"? What is the President going to do, put soldiers in ANWR to keep drilling from going on?

On a similar note, during the Presidency of Andrew Jackson, Chief Justice John Marshall ruled that Georgia had no jurisdiction to interfere with the rights of the Cherokee and removal of them would violate treaties between them and the U.S. Government.

However, Jackson, not liking
these decisions was reported of saying "John Marshall has made his decision, now let him enforce it."

It's time we all considered where the fundamental power to act resides. The Supreme Court may decide whatever it wants, but how is a group of nine old men and women going to stop people from doing what is right?

They have no more power to enforce their decisions than what we grant them, and if we deliberately withdraw that grant of power to them, they become irrelevant.

Sir Michael
I cannot agree with your logic. The reason a party moves from right to left or left to right has to do with the individuals within the party. McCain/Graham/Hagel wrestled with the conservatives within their party and won. If you are a conservative and you vote for McCain I believe you will send the message to the party that the more lib McCain wing of the party is what the people want.

I can honestly say that I do not know anyone in the tri-state area who is a conservative that is planning to support or vote for McCain. Maybe they will change their minds but I hope that they do not.

What does it say about McCain that he cannot distance himself in the pols from BHO.

Happy Jake
You wrote,

"A court can decide that a person is not guilty because a law does not apply to the circumstance, or because the law violates the Constitution, hence Judicial Review. In Marbury v. Madison, the Supreme Court affirmed that it has the power to positively strike down laws that violate the Constitution."

No where in the constitution is judicial review even mentioned. Judicial Review is a tradition, and is not supported by the Constitution. Orginally, the courts had very narrow juridiction(s), and those jurisdictions not enumerated by the Constitution were subject to Congressional review. Justice Marshall took it upon himself a new set of powers not intended. Now, 205 years later we have courts that have taken upon themselves an expansion of judicial review that not even Marshall himself would understand. Judicial Review should be reigned in via an Amendment.

I don't care about punishing
the GOP. I'm voting Libertarian or Conservative party because they are offering candidates that are for the kind of America I want. Period.

Icedog, it breaks my heart to disagree with you about voting for McCain because I almost always agree with your views. In this case, though, I consider it denial that Sowell doesn't use this column to support the principles he believes in and try to support conservative candidates.

He could and should have written about the waning support for the GOP and the obvious (my thought) growing attractiveness for 3rd parties.

It would solve so many problems with this country if a Libertarian or Conservative had the power in the Fed gov't, yet we castigate anyone voting for them. Its willful, self inflicted pain.

The older I get, the more I see that I have continually voted for the less evil for president. Thus, I have been part of the problem.

Yes, the primaries are rigged. They are rigged by the majority parties themselves and McCain made is worse.

There is no chance I will be voting for McCain. Say what you will about me, but I am doing what voting is for. I will be voting for the America I want. If more people vote for Obama, that is the America I must endure. Must endure, until, that is - enough people rise up and say "no more". Enough with liberal GOP candidates.

Please don't belittle voters who are doing what I consider the right thing and voting for the America that I think you want too. A 3rd party will win the presidency at some point. It is inevitable. Denigrating those of us who want it now, rather than later, pushes the opportunity for liberty further away.

If you read this far - Thanks for what you write. I really do enjoy your posts and your wisdom.

Icedog
Icedog said: "A simply analogy...if you were forced to choose between Russian roulette with 3 rounds in the chamber or jumping off the Empire State Building, I think the choice would be pretty clear."

But it's a false choice. Why? Well consider that we are *continually* making this choice, i.e. voting -- we are not just doing it once. So, if you want to tend your analogy to correctness, then you would have the player *continually* choosing to play Russian Roulette. The result, of course, is certain death. (I hope I don't have to prove this to you. :-). So, either way, your choice is death.

Do you see now why patriots (real patriots BTW) are continually seeking other choices, e.g. independent/third party movements and fully exercising their rights as free men, instead of acquiescing to the entrenched two party system and its resultant corrupt government?

Fuzzy
I despise Spam, but I'll take it over cyanide any day. I understand that many conservatives believe a vote for McCain will bring us "more of the same"....but, many conservatives stayed home during the midterm elections to protest the great number of RINOs running. However, two years later we have even more RINOs running!! How many true conservatives were in the Republican primary? One out of seven, two at best?

Believe me, the MSM story after Obama's victory will not be, "Frustrated Conservatives Stay Home".....it will be "Americans Ready For Change!!" or "Obama Inspires America"....or some other similiar tripe.

Rick42
For the record, I am little to the right of Coulter and Limbaugh. I follow your thought, however it's a little off. We are talking about every four years....and yes, eventually you may roll snake eyes. But to not vote for McCain because you can't be 100% of his future actions is a vote for Obama...and you can definitely be sure of his future actions!

If this country does implode, I at least want to tell my grandchildren I tried...maybe the deck was stacked, but I didn't just sit on my hands wistfully awaiting for the next Reagan to come along.

Smitty

Smitty
Location: CA

Reply # 117
Date: Jul 1, 2008 - 7:24 PM EST Subject:
If we can't get a basic ruling on basic property rights (charging market rates) than we're toast and this "non-ruling" on basic rights has gone on for decades.
______

Where have you been Sir? The Supreme Court has addressed that issue recently in Kelo. They said you have no right to private property PERIOD!!! It's right there in the Constitution next to a woman's right to kill her unborn child, a homosexuals right to rape children and not get the death penalty, a homosexuals right to "Marriage" and all that goes with that, a foreign nationals right to a trial in our courts having the same rights as American citizens and other interesting things not yet discovered in that document.

If Obama appoints another judge to the Supreme Court, why they may find the right to put you in prison for rent gouging or some such. We live in dangerous times my friend, but then, we always have and always will as long as human nature is what it is.

Two errors
As I see it, there are two errors in this column.

1. Mr. Sowell refers to the long-run, i.e., one to two generations. He does not refer to the very long run. In the very long run, if a culture remains rational, bad precedents will get "overthrown" (e.g., Plessy vs. Ferguson, Korematsu vs. U.S.). The Supreme Court judges get their ideas from the culture; they are not philosophers. They do not come up with the arguments (even though it may seem like they do). What this implies for us, then, is that we should work to re-establish our ideals throughout the political culture. This cannot be done when we stake our fortune in those candidates who are middle-of-the-roaders, sell-outs, and pragmatists, because then they become our ideological representatives, and the result is ideological decline.

2. The middle-of-the-roaders, sell-outs, and pragmatists do not nominate judges with our ideology because they do not possess the cognitive ability to evaluate candidates properly. Bush nominated Souter because Sununu told him that Souter was in the social circle of a number of prominent Republicans. No logical evaluation took place, or could have taken place, because Bush's mind is a conceptual vacuum filled with half-digested notions, whims, feelings, traditional slogans, and claims and conclusions unwarranted by facts. Someone's say-so is his reality. What do you expect from McCain? If you are hoping that conservatives can use their influence to pressure McCain to nominate someone acceptable, then completely aside from any personality considerations, see point #1.

What we have here is a vicious circle.

By the way
McCain had an opportunity in May to announce what judges to nominate to the Supreme Court. He then failed to provide any names. Instead, he just made blank promises about appointing conservative judges. It is clear that he does not intend to nominate anyone who is committed to strict constructionism. Why would he? Such a Justice could overthrow his past and future legislation.

De-Supreme it
The word was never meant to mean anything except that this was the highest COURT. However 90 percent of people in this country and 5 of the justices think it means they are supreme over the other two combined branches of the govt. Within 10 years you will see a court strike down a constitutional amendment, saying that certain things are beyond touch even by that route. Watch. These tyrants must be stopped. It is time to water the tree of liberty.
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