texasjq2


SCOTUS and Original Intent
April 4, 2012, 3:21 pm
Filed under: Uncategorized | Tags: , , , ,

As I listen to the political rhetoric I find myself becoming more upset with the politicians who claim to support the Constitution, and less sure of their reality. I wonder if these people have even read the Constitution of the United States.

Article III of the Constitution says that “The judicial Power of the United State, shall be vested in one Supremem Court and in such inferior Courts as the Congress may from time to time ordain and establish.” Under Section 2 we read this: “The judicial Power shall extend to all Cases, in Law and Equity, arising under the Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States;” (see 11th Amendment for further case types). Further, “In all cases affecting Ambassadors, other public Ministers and Consuls, and those in whicha a State shall be Party, the Supreme Court shall have original Jurisdiction.” According to what this says the Supreme Court has Jurisdiction in Constitutional matters, and the Court must decide whether something before it passes Constitutional muster. There are of course other things that have affect in this, but the Constitution itself gives credence to the reality that the Supreme Court has Jurisdiction to decide the case before it.

I may not be a lawyer (thank heavens), but I can read, I can think things through and don’t need 100 pages of legal mumbo jumbo to tell me what is plain in the original text. So, if the Court decides that something is unconstitutional, then it is, it is not setting some kind of precedent for the Court to decide the case, either for or against the Government, even if the President thinks they don’t have the right. The Original Intent of the founders of this nation meant for the Supreme Court to be the final arbitrator of what is and is not Constitutional. We may not like what the decision is, but the legislature can always repeal or amend a statute, that is their job.

There are many statements in our Constitution that have been debased over the years by politicians and lawyers, it is time for the people of the these United States to read and understand for themselves what is and is not true. I hope that the Constitution will become required reading for all High School students in this nation. The Constitution is what framed our nation, and what keeps it together. Do not allow the politicians to continue to take away from we the People the power we hold by this document.