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Banned
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Originally Posted by daswig
Host, do you really contest that SCOTUS is in fact the final, indisputable arbiter of what is and is not constitutional, and so-called "constitutional scholars" are NOT??? Am I REALLY going to have to break out my pocket copy of the Constitution, and start quoting Marbury v. Madison??? Are you REALLY asking me to do that???
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Technically, you are correct, because the SCOTUS is the constitutionally
designated branch of the federal government authorized to interpret and apply
the clauses of the constitution.
But......we face the same dilemna as the former SCOTUS law clerks faced;
do the rules, or at least the "playing field", standards of decorum, protocal,
whatever you prefer to call it in this unprecedented set of circumstances,
when the SCOTUS issues decisions of such import and impact and then
specifically declares that the rulings apply only in one case, Gore v. Bush, to
the detriment of one man, Gore, and the unidentified voters disenfranchised by the Scotus decision, and to the benefit of another man, Bush? In such a
situation, are "all bets off"? Here is an excerpt of one lawyer's opinion:
Quote:
<a href="http://www.thenation.com/doc.mhtml?i=20010205&c=5&s=bugliosi">None Dare Call It Treason - by VINCENT BUGLIOSI January 18,2001</a>
<b>6.</b> Perhaps nothing Scalia et al. did revealed their consciousness of guilt more than the total lack of legal stature they reposed in their decision. Appellate court decisions, particularly those of the highest court in the land, all enunciate and stand for legal principles. Not just litigants but the courts themselves cite prior holdings as support for a legal proposition they are espousing. But the Court knew that its ruling (that differing standards for counting votes violate the equal protection clause) could not possibly be a constitutional principle cited in the future by themselves, other courts or litigants. Since different methods of counting votes exist throughout the fifty states (e.g., Texas counts dimpled chads, California does not), forty-four out of the fifty states do not have uniform voting methods, and voting equipment and mechanisms in all states necessarily vary in design, upkeep and performance, to apply the equal protection ruling of Bush v. Gore would necessarily invalidate virtually all elections throughout the country.
This, obviously, was an extremely serious problem for the felonious five to deal with. What to do? Not to worry. Are you ready for this one? By that I mean, are you sitting down, since if you're standing, this is the type of thing that could affect your physical equilibrium. Unbelievably, the Court wrote that its ruling was " limited to the present circumstances, for the problem of equal protection in election processes generally presents many complexities." (That's pure, unadulterated moonshine. The ruling sets forth a very simple, noncomplex proposition -- that if there are varying standards to count votes, this violates the equal protection clause of the Fourteenth Amendment.) In other words, the Court, in effect, was saying its ruling "only applied to those future cases captioned Bush v. Gore. In all other equal protection voting cases, litigants should refer to prior decisions of this court." Of the thousands of potential equal protection voting cases, the Court was only interested in, and eager to grant relief to, one person and one person only, George W. Bush.6 Is there any limit to the effrontery and shamelessness of these five right-wing Justices? Answer : No. This point number six here, all alone and by itself, clearly and unequivocally shows that the Court knew its decision was not based on the merits or the law, and was solely a decision to appoint George Bush President.
Conservatives, the very ones who wanted to impeach Earl Warren, have now predictably taken to arguing that one shouldn't attack the Supreme Court as I am because it can only harm the image of the Court, which we have to respect as the national repository for, and protector of, the rule of law, the latter being a sine qua non to a structured, nonanarchistic society. This is just so much drivel. Under what convoluted theory do we honor the rule of law by ignoring the violation of it (here, the sacred, inalienable right to vote of all Americans) by the Supreme Court? With this unquestioning subservience-to-authority theory, I suppose the laws of the Third Reich--such as requiring Jews to wear a yellow Star of David on their clothing--should have been respected and followed by the Jews. Blacks should have respected Jim Crow laws in the first half of the twentieth century. Naturally, these conservative exponents of not harming the Supreme Court, even though the Court stole a federal election disfranchising 50 million American citizens, are the same people who felt no similar hesitancy savaging the President of the United States not just day after day, but week after week, month after month, yes, even year after year for having a private and consensual sexual affair and then lying about it. And this was so even though the vitriolic and never-ending attacks crippled the executive branch of government for months on end, causing incalculable damage to the office of the presidency and to this nation, both internally and in the eyes of the world. Indeed, many of them are delighted to hound and go after the President even after he leaves office.
These five Justices, by their conduct, have forfeited the right to be respected, and only by treating them the way they deserve to be treated can we demonstrate our respect for the rule of law they defiled, and insure that their successors will not engage in similarly criminal conduct.
Why, one may ask, have I written this article? I'll tell you why. I'd like to think, like most people, that I have a sense of justice. In my mind's eye, these five Justices have gotten away with murder, and I want to do whatever I can to make sure that they pay dearly for their crime. Though they can't be prosecuted, I want them to know that there's at least one American out there (and hopefully many more because of this article) who knows (not thinks, but knows) precisely who they are. I want these five Justices to know that because of this article, which I intend to send to each one of them by registered mail, there's the exponential possibility that when many Americans look at them in the future, they'll be saying, "Why are these people in robes seated above me? They all belong behind bars." I want these five Justices to know that this is America, not a banana republic, and in the United States of America, you simply cannot get away with things like this.
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Last edited by host; 10-20-2004 at 02:17 AM..
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