Saturday, May 10, 2008
The Lie - SCOTUS is final word on issue
A lot of people are concerned about who the next POTUS will be because of who they will appoint to be Justice on the US Supreme Court. I share this concern, but I disagree with some of the aura that some people apply to SCOTUS. SCOTUS is the highest appellate court in our country, and they do have the final word on an appellate case. They DO NOT have the final word on an issue.
It is a good thing that SCOTUS does not have the final word on an issue for people all across the political spectrum from right, center, and left. To ascribe this much power and authority to one lawyer who can convince 4 of his colleagues to go along with him is akin to squashing freedom and liberty flat. What has happened in this country in recent years has been an attempt by some to use SCOTUS as a shortcut to getting their way. Somebody wants abortion to be a legal medical procedure, and they don't want to have a bill written in the State Legislature and signed by the Governor that defines the medical procedure and the limits to how it can be performed. Too much time, and too much hard work. The short cut is shop for a judge who will decide from the bench with only a penumbra of proof that it is legal. Once a case is started a case end point is SCOTUS. What many people fail to grasp is that a case is just that-a case. An issue is an entirely different matter.
We The People have the final word on an issue. It is unfortunate how people are tricked into thinking this is no longer the case. Over the entire history of the US issues have been resolved bye We The People in many various ways. Slavery, for one, is an issue that was resolved by a bloody War between the States. It's not my favorite method of conflict resolution. We have had an issue with alcohol abuse creating havoc resorting to Prohibition Amendment 18. The consequences of crime syndicates cashing in on selling illegal booze was resolved by the Prohibition Repeal Amendment 21. There are many other examples of conflict resolution that have been resolved through the years in this country, and did not happen in our nation's Capitol.
In closing, I do think there are legal cases that are important. I believe that how a majority on SCOTUS decide these legal cases is important. I DO NOT think any decision on a legal CASE is the final word on an ISSUE.