Best of the Week
Most Popular
1. US Housing Market Real Estate Crash The Next Shoe To Drop – Part II - Chris_Vermeulen
2.The Coronavirus Greatest Economic Depression in History? - Nadeem_Walayat
3.US Real Estate Housing Market Crash Is The Next Shoe To Drop - Chris_Vermeulen
4.Coronavirus Stock Market Trend Implications and AI Mega-trend Stocks Buying Levels - Nadeem_Walayat
5. Are Coronavirus Death Statistics Exaggerated? Worse than Seasonal Flu or Not?- Nadeem_Walayat
6.Coronavirus Stock Market Trend Implications, Global Recession and AI Stocks Buying Levels - Nadeem_Walayat
7.US Fourth Turning Accelerating Towards Debt Climax - James_Quinn
8.Dow Stock Market Trend Analysis and Forecast - Nadeem_Walayat
9.Britain's FAKE Coronavirus Death Statistics Exposed - Nadeem_Walayat
10.Commodity Markets Crash Catastrophe Charts - Rambus_Chartology
Last 7 days
Tech Stocks Trending Towards the Quantum AI EXPLOSION! - 9th Jul 20
Gold and Silver Seasonal Trend Analysis - 9th Jul 20
Facebook and IBM Tech Stocks for Machine Learning Mega-Trend Investing 2020 - 9th Jul 20
LandRover Discovery Sport Service Blues, How Long Before Oil Change is Actually Due? - 9th Jul 20
Following the Gold Stock Leaders as the Fed Prints - 9th Jul 20
Gold RESET Breakout on 10 Reasons - 9th Jul 20
Fintech facilitating huge growth in online gambling - 9th Jul 20
Online Creative Software Development Service Conceptual Approach - 9th Jul 20
Coronavirus Pandemic UK and US Second Waves, and the Influenza Doomsday Scenario - 8th Jul 20
States “On the Cusp of Losing Control” and the Impact on the Economy - 8th Jul 20
Gold During Covid-19 Pandemic and Beyond - 8th Jul 20
UK Holidays 2020 - Driving on Cornwall's Narrow Roads to Bude Caravan Holiday Resort - 8th Jul 20
Five Reasons Covid Will Change SEO - 8th Jul 20
What Makes Internet Packages Different? - 8th Jul 20
Saudi Arabia Eyes Total Dominance In Oil And Gas Markets - 7th Jul 20
These Are the Times That Call for Gold - 7th Jul 20
A Reason to be "Extra-Attentive" to Stock Market Sentiment Measures - 7th Jul 20
The Beatings Will Continue Until the Economy Improves - 6th Jul 20
The Corona Economic Depression Is Here - 6th Jul 20
Stock Market Short-term Peaking - 6th Jul 20
Gold’s Major Reversal to Create the “Handle” - 5th July 20
Gold Market Manipulation And The Federal Reserve - 5th July 20
Overclockers UK Custom Build PC Review - 1. Ordering / Stock Issues - 5th July 20
How to Bond With Your Budgie / Parakeet With Morning Song and Dance - 5th July 20
Silver Price Trend Forecast Summer 2020 - 3rd Jul 20
Silver Market Is at a Critical Juncture - 3rd Jul 20
Gold Stocks Breakout Not Confirmed Yet - 3rd Jul 20
Coronavirus Strikes Back. But Force Is Strong With Gold - 3rd Jul 20
Stock Market Russell 2000 Gaps Present Real Targets - 3rd Jul 20
Johnson & Johnson (JNJ) Big Pharma Stock for Machine Learning Life Extension Investing - 2nd Jul 20
All Eyes on Markets to Get a Refreshed Outlook - 2nd Jul 20
The Darkening Clouds on the Stock Market S&P 500 Horizon - 2nd Jul 20
US Fourth Turning Reaches Boiling Point as America Bends its Knee - 2nd Jul 20
After 2nd Quarter Economic Carnage, the Quest for Philippine Recovery - 2nd Jul 20
Gold Completes Another Washout Rotation – Here We Go - 2nd Jul 20
Roosevelt 2.0 and ‘here, hold my beer' - 2nd Jul 20
U.S. Dollar: When Almost Everyone Is Bearish... - 1st Jul 20
Politicians Prepare New Money Drops as US Dollar Weakens - 1st Jul 20
Gold Stocks Still Undervalued - 1st Jul 20
High Premiums in Physical Gold Market: Scam or Supply Crisis? - 1st Jul 20
US Stock Markets Enter Parabolic Price Move - 1st Jul 20
In The Year 2025 If Fiat Currency Can Survive - 30th Jun 20
Gold Likes the IMF Predicting a Deeper Recession - 30th Jun 20
Silver Is Still Cheap For Now - 30th Jun 20
More Stock Market Selling Ahead - 30th Jun 20
Trending Ecommerce Sites in 2020 - 30th Jun 20
Stock Market S&P 500 Approaching the Precipice - 29th Jun 20
APPLE Tech Stock for Investing to Profit from the Machine Learning Mega trend - 29th Jun 20
Student / Gamer Custom System Build June 2020 Proving Impossible - Overclockers UK - 29th Jun 20
US Dollar with Ney and Gann Angles - 29th Jun 20
Europe's Banking Sector: When (and Why) the Rout Really Began - 29th Jun 20
Will People Accept Rampant Inflation? Hell, No! - 29th Jun 20
Gold & Silver Begin The Move To New All-Time Highs - 29th Jun 20
US Stock Market Enters Parabolic Price Move – Be Prepared - 29th Jun 20
Meet BlackRock, the New Great Vampire Squid - 28th Jun 20
Stock Market S&P 500 Approaching a Defining Moment - 28th Jun 20

Market Oracle FREE Newsletter

AI Stocks 2020-2035 15 Year Trend Forecast

Failure of US Supreme Court Opinions

Politics / US Politics Jul 11, 2018 - 03:50 PM GMT

By: BATR

Politics

Now that Brett Kavanaugh has been selected by President Trump to be the next Supreme Court Justice, the gladiator games of the confirmation process begins. Much of the attention will focus on the bitter hysteria that the Never Trump lunatics exhibit as they regress even further into denial. Those supporters who demand a Living Constitution are in a panic. They see the gains they have made over decades are fading with a court of Originalists and fear that Textualism will become the standard for the Supreme Court. The self-proclaimed enlightened zealots contend they are social justice warriors. In actuality they protect the corrupt institutions, practices and policies that progressives profess they oppose.


The fundamental flaw in the rulings of the SCOTUS is that their decisions are only opinions. If the three branches of the Federal government are co-equal, it is absurd to accept that the gang of nine outlaws are the final arbitrators of what is legal. The efforts of Franklin D. Roosevelt to pack the court was a direct assault on certifying the unconstitutionality of New Deal legislation.

When the Lyndon B. Johnson Great Society failed, the Democrats began to lose their legislative rubber stamp on their socialist despotism. Thus, they turned to compromised judges that would be browbeaten and placed on the bench. All this ridiculous jive that the Supremes are independent does not square with the history of the court.

In practice, the black robes on the high court perform the function of protecting the establishment. The cover used to justify the caustic pattern of avoiding a Textualist interpretationof the Constitution often relies upon the specious paradigm of Stare decisis which is Latin for “to stand by things decided.” In short, it is the doctrine of precedent.

"Courts cite to stare decisis when an issue has been previously brought to the court and a ruling already issued. According to the Supreme Court, stare decisis “promotes the evenhanded, predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity of the judicial process.” In practice, the Supreme Court will usually defer to its previous decisions even if the soundness of the decision is in doubt. A benefit of this rigidity is that a court need not continuously reevaluate the legal underpinnings of past decisions and accepted doctrines. Moreover, proponents argue that the predictability afforded by the doctrine helps clarify constitutional rights for the public."

Operating under the illusion that the law must blatantly accept former opinion decisions even when the constitutional conflict is obvious or when there is no mention in the supreme law of the land is ludicrous. A prime example of the conveyance of irrational 'RIGHTS' analyzes The personhood of corporations on the SCOTUSblog.

"The rehabilitation of the corporate “person” almost certainly was a project that five of the Justices were prepared to embrace.  It could be argued, indeed, that the Court put the case over to the current Term for a second argument, focused on corporation’s rights under the Constitution, as part of that project.  There was not a hint that those five, in the end, were in any way moved by the suggestion at that second argument by Justice Sonia Sotomayor that the Court may have been wrong for a century about awarding “personhood” to corporations.

The majority put aside the dissenting opinion’s repeated mentions of the special favors that the corporate form gets, treating those as a completely inadequate foundation for treating corporations differently as political citizens.  And Justice Antonin Scalia, in a separate opinion buttressing the majority ruling, went to considerable lengths to enhance the constitutional pedigree of corporations’ rights and to denounce the dissenters’ suggestion that the Founders did not think highly of corporations."

This viewpoint illustrates that even the most notable Originalists sometimes succumb to false precedents when a non-existent personhood for an artificial commercial entity is upheld. The lesson is that a band of untouchables (unless going on a quail hunt in Cibolo Creek Ranch) need to reach a majority to achieve whatever political outcome they seek. Maintaining that their legal opinions are based on sound jurisprudence principles insults the intelligence of the layperson.

For members of the attorney bar association, it is common knowledge that decade long direction of the court pushed and expanded the institutions of government authority. With this background, having Brett Kavanaugh on the bench is certainly better than any nominee that Hillary Clinton would have appointed. However, guarded reservation is appropriate since Kavanaugh was in charge of an Investigation into Vince Foster’s death.

The apprehension of trust is always a concern within the chambers of the legal system. The fraternity of attorneys is noted for its skills to circumvent, distort and prevaricate. Too many honorable Americans admire the law without acknowledging the poignant fact that lawyers view the general public as subservient to members of the legal profession.

Placing your confidence in the Supreme Court will fall short of expectations. Resolving political disputes needs to be attained in the public arena of politics. The best way to preserve the Constitution is to live it daily and damn the rulings of the courts and government enforcement. SCOTUS does not deserve special reverence.

Any court that would take land from one private party to give it to another by claiming it is a valid public use under the Takings Clause in Kelo v. City of New London and  Citizens United v. FEC held that political donations are speech protected by the First Amendment, opening the floodgates to unlimited personal and corporate donations to "super PACs" has abdicated their judicial responsibility.

If this is a valid basic example of stare decisis, it is long overdue to strike down the use of precedent.

Adding Kavanaugh to the highest bench will test if just another pro government judge was selected. The meaningless terms liberal or conservative adjudicator seldom strays from the role of defending regime preeminence. A Constitution Flawed from Inception produced an organism where Jurists Protect the State and Ignore the Constitution.

Source: http://www.batr.org/terror/071018.html

Discuss or comment about this essay on the BATR Forum

http://www.batr.org

"Many seek to become a Syndicated Columnist, while the few strive to be a Vindicated Publisher"

© 2018 Copyright BATR - All Rights Reserved

Disclaimer: The above is a matter of opinion provided for general information purposes only and is not intended as investment advice. Information and analysis above are derived from sources and utilising methods believed to be reliable, but we cannot accept responsibility for any losses you may incur as a result of this analysis. Individuals should consult with their personal financial advisors.

BATR Archive

© 2005-2019 http://www.MarketOracle.co.uk - The Market Oracle is a FREE Daily Financial Markets Analysis & Forecasting online publication.


Post Comment

Only logged in users are allowed to post comments. Register/ Log in

6 Critical Money Making Rules