Posted on 02.22.2016

Take it to Court

The founders of this nation were wise, practical and insightful, crafting our federal papers in such a way as to require a certain uniformity insofar as basic human rights are concerned and enough wiggle room for individual states to conduct their affairs in accordance to the concerns of its citizens.

The branches of government are designed to counterbalance each other, we call it three branches, actually there are four, as the House of Representatives and the Senate operate separately and can hurry, stall or even kill legislation independent of each other.

Actually, the only unassailable branch of the federal government is the Supreme Court, unassailable because they are not elected by the people and their tenure is for life.

Their job is to interpret legislation and disputes by the constitutionality of the issue, without ideological prejudice or political influence, without personal favor or bias, but by what the Constitution says.

Their job description is not to write laws or legislation nor twist the constitution into shapes the founding fathers never intended, not beholden to the president who nominated them nor the Senate who confirmed them, but straightforward constitutional jurisprudence and decisions made for the best of the nation alone, individual politicians and political parties notwithstanding.

A president who can count on a majority in the Supreme Court actually has the power of two of the three branches at his fingertips, and the decisions of the Supreme Court being basically untouchable, the final word, it gives a president the status of a monarch.

Any president is going to appoint justices that, as far as he can ascertain will see things his way.

Of course, that assumption has been known to go awry as in the case of Bush appointee, Chief Justice Roberts, and other notable exceptions, but Obama has not had a problem along those lines as his two appointees, Sonya Sotomayor and Elena Kagan are basically the equivalent of Obama's rubber stamps.

With the death of Justice Scalia, which was a tremendous loss, not just for the conservative views he seemed to favor, but even in a losing cause, Justice Scalia brought a sense of influence and balance to the court and never backed down from letting his opinion be known.

However, the vacancy on the court is a golden opportunity for Barack Obama to nominate another justice favorable to his programs, another ideological acolyte who would - like Sotomayor and Kagan - toe the liberal line in their belief that, instead of the constitution being carved in stone, it is a �living and breathing� document open to modern interpretation. 

With another Obama appointee, the court would definitely lean far to the left and should the next president be a conservative or a liberal resist, or cooperate accordingly.

Conversely, it is the Republicans job to fend off another appointment for ten months and reserve the task for the next president, whoever he, or she, happens to be.

In all likelihood the next president will be appointing Ruth Bader Ginsburg's replacement as Ms. Ginsburg will be well into her eighties in the next presidential term, which, should the Republicans prevail in stalling an Obama nomination, would require the next president to appoint two justices and it would require that both be somewhat conservative to bring the court back into a semblance of balance.

As it stands now, Sotomayor, Kagan, Breyer and Ginsburg are firmly in the liberal camp, with Thomas and Alito, the only proven conservatives, Kennedy is a mostly liberal leaning moderate and Roberts cannot be called a conservative by any stretch of the imagination.

So, this next election is for more than just a president, it's about the fairness and balance of the highest court in the land.

It's about whether America will continue down the path of socialism and decay or start climbing out of the sludge pit we currently find ourselves in.

It's about whether we elect a president who will truly rebuild the military or only pay lip service to it.

It's about our survival as a free and prosperous nation.

It remains to be seen if the Republican leadership has the guts and gonads to hold off the political and media onslaught that's heading their way about Obama appointing another Supreme Court Justice.

If I was making book on it, I'd call the odds about fifty/fifty.

What do you think?

Pray for our troops and the peace of Jerusalem

God Bless America 

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� Charlie Daniels

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