The World turned upside down. GET THE FACTS BEHIND THE NEWS. The original thought behind our constitution was to protect the individual against the excesses of a powerful govt.
The founding fathers learned from the British, as they phrased it, “mixed government is best”. All pure forms of gov’t such as monarchy, aristocracy, and democracy historically led to evil gov’ts. By mixing these pure forms so that the three counter balanced each other a stable and healthy system was established. In a recent speech recently retired Supreme Court Justice Sandra Day O’ Connor stated that the framers created three separate and equal branches of gov’t because they knew that preserving liberty requires that no single branch or person can amass unchecked power.
This is the foundation of our gov’t. The framers of our constitution being experienced people knew we could not rely on good intentions, oaths of office, promises etc. We needed an organized gov’t approach to check on the different branches. This makes good sense since no person or branch is above making mistakes or overreaching their constitutional boundaries.
The present Court appears to have taken the opposite tack. It is deciding to protect large businesses and govt institutions against the clams of the citizens.
The Court is abandoning its oversight responsibilities thru a doctrine of Judicial Restraint. The result is to strengthen the Presidency or Legislature at the expense of the Judiciary and the rights of its citizens.
The Court is accomplishing this by limiting citizens rights to go to court to seek relief from what the citizen believes to be an injustice. The Court is doing this thru the use of standing and a very strict, “mean”, interpretation of the law,
and legal procedures, to limit cases accepted by the Court.
More to come.
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