Supreme Court

I have said often that our Constitution is a nearly perfect document, with the exception that it makes no provision to reign in abuses by the Supreme Court.  Now, judicial review was not a part of the Constitution to begin with.  Nothing in there gives the Court the right to strike down laws seen as unconstitutional.  That right was simply asserted by John Marshall, and has gone largely unchallenged since.

I have proposed that a Constitutional amendment be passed allowing Congress to overrule any ruling of the Supreme Court–to insist that its will, which by design most directly expresses the will of the people, be considered ultimately paramount–by two thirds majorities on both houses of Congress.

Here is another idea: Congress could remove individual justices by the same process.

I am reading, again, and expectedly, about anti-legal biases entering discussions in our allegedly most refined, most logical, most ethical, most systematic body.  Specifically, the female justices, apparently not having read the law, and acting as if they are unfamiliar with the difference between a law and a regulation, and in principle unfamiliar with the concept of religious freedom, are objecting to the Hobby Lobby case: http://www.nysun.com/national/startling-rift-on-supreme-court-brsprings-from/88646/

What you will note is that they want laws to be “uniform”.  Why?  At what point ever, in human history, have diversity and uniformity been compatible?  At what point have freedom and unity been conflatable?  The point of our system, the point of liberty, is behavioral and ideological diversity.  No one is arguing women should not have access to abortions, as far as this law is concerned.  At issue is whether or not people who believe abortion is murder can be made accessories to this murder.

I spend a lot of time doing emotional processing.  The reason is that even the most intelligent people–and I have no reason to doubt all of our Supreme Court justices are intelligent–can be driven mad by what they don’t see.  I don’t want to be mad, which is why I am willing to enter into madness.  I need to know its limits, recognize it, acquaint myself with it, so that I can banish it.

I think any honest Supreme Court justice could only look back in horror at all the abuses their body has countenanced and enabled; how much it has diminished a great nation, and helped put us on  path to self ruin.  They were given all the tools they needed; they chose not to use them.