The Supreme Court is becoming a problem. How you ask, well
let us get started.
Supreme Court problem: The issue at hand is that they are
more and more legislating from the bench. Basically for those that do not
know, they are making laws without respecting the separations of power in our
government. The Supreme Court is supposed to say if something is legal or not
with respect to if something is constitutional and nothing else. But they
are ignoring this by ruling that the penalties in Obama care are a tax, or that
the government has power to define marriage and what constitutes being married.
As such, rules I believe should be put in place to limit how they rule on
issues and laws. They first should look to see if the issue is a federal
government responsibility with respect to the powers outlined in the United
States Constitution. If it is, then fine, they can rule on it, but if not
they then determine if the level of responsibility lies with the State
governments, local government or if it lays with the people. Basically a
checklist on whose level of authority is this under. In this respect,
they can even determine when they deem it a State responsibility which States
can make or ignore laws based on those particular States Constitutions, or
similarly local governments’ charters. However, as a check and a balance
if rights are being violated and the Supreme Court says that something
ultimately lies with the power of the individual people, then no government may
usurp the people's power. So if it violates people's rights, like
government deciding who can get married, or people's right to contract, then
the Supreme Court can overturn any law. So the checklist will look as
follows:
1) is it in the United States Constitution
and is it a federal government responsibility or power?
2) If not 1, then is it a State
responsibility or power as per their Constitution(s), and if so is it
indicative to that State's Constitution or is it broader to be a responsibility
of all States?
3) If not 1 or 2, is it a local
government's responsibility or power, and is it indicative to just that
particular local government or all the local governments in the country?
4) If it is not a responsibility or power
of 1, 2 or 3, then it belongs to the people as per the ninth and tenth
Amendments of the United States Constitution and the law or act is to be
immediately overturned.
5) If at any time the law or act in
question is determined to be an issue of rights, privileges and immunities as
held by the people and or as listed in any level of government Constitution or
charter, and that law or act is in violation of those at any level of
government, then the power and responsibilities in question will be placed with
the people as per the ninth and tenth amendments and the law or act will be
immediately, overturned.
6) If the law or act is not clear in
purpose, ambiguous and/or is not easily understood, then the law or act is
overturned in keeping with the principle that if the people do not understand
the law, then the law is unenforceable and open to abuse.
7) If the law or act attempts to clarify
or protect a right, privilege or immunity, then the Court is to determine if
said right, privilege or immunity in question needs to be clarified, and if
said law or act actually adequately defines, protects or hinders those rights
privileges or immunities in question. If the clarification or protection
would hinder the expression of a person's rights in any way that law or act is
to be overturned.
Simple Checklist right? If you will
notice, both 4 and 5 make it so that if the issue is not any government's
responsibility or power, or if it is a question of rights, privileges and
immunities, then the laws are overturned. These insure that laws and acts
made by legislative bodies and agencies and departments are always inferior to
the Federal, and State(s) Constitutions, and local charters. Additionally, if
the right, privilege and immunity is listed at any level of government or
simply determined to be a power or right held by the people, then automatically
the law is overturned if deemed in violation even if the law or act in question
comes from a higher level of government. For the sake of example a local
government's charter says that anyone can marry anyone as per their religious
right to marry, then a federal law may be overturned which say was attempting
to define marriage to just a man or a women. Get it. Rights of the
people would trump laws and acts by government.
Conclusion: A simple checklist like this will
do wonders in defining what can and can't be done, especially if the Supreme
Court wishes to continue to determine what is constitutional or not. So
expanding and limiting their power at the same time would work which this
checklist does. However, determining the obviously wrongful acts like
murder, theft and the similar will be necessary to prevent changes in attitudes
and maintaining the idea that the ninth and tenth amendment provide for
unwritten rights will also be necessary as well. For let us face it, we
are a forgetful people and defining what can and cannot be done is absolutely
necessary to maintain our Republic.
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