Supreme Court Rulings – Always Right?

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Is the SCOTUS always right?
Several recent cases (not to mention legalization of abortion several decades ago) have led to many suggesting a given argument is “settled law”. Stop arguing. It is over. Accept it.
But is this really the case?
A quick review of the last few hundred years show that the Supreme Court has overturned previous SCOTUS rulings 123 times as of EOY 2014.
Seems to me nothing is settled. Ever.

As an aside – over the approximately 2000 years of the Catholic Church, while the Popes throughout its history have made only a few of what are called “Ex Cathedra” proclamations, which literally means, “from the chair” (with the full authority of office (especially of the pope’s infallibility as defined in Roman Catholic doctrine)), none have been reversed. These are basically the Pope declaring something to be true and what must be believed. It is quite telling that at no time has a Pope reversed the proclamation of a predecessor. EVER. And while there have only been a few Ex Cathedra declarations, there have been many determinations from popes throughout the history of the Church that have also NEVER been reversed.
It is interesting that the Catholic Church has never reversed what essentially the equivalent or greater (so to speak) of a Supreme Court ruling in 2000 years but the SCOTUS has reversed itself 123 times in approximately 1/10th the length of time.

Post note: I know what some of you will say… The SCOTUS has made hundreds or even thousands of decisions over the last few hundred years and the pope has only made a few. Of course they are going to get things wrong. True. However, not to get into detail of how the Catholic Church works, there are other ways of “declaring” something true and doctrinal. One is through “collegiality” where the pope makes a determination in communion with the other bishops of the church. This is not Ex Cathedra per se but holds the same authority. As well, several Church councils have been called over the centuries (Trent, Vatican I & II are probably the best known). While these councils make non-doctrinal decisions, they also have made doctrinal ones. Again, none of the doctrinal determinations of the Church have been reversed.
This post was not supposed to be a comparison of the Catholic Church and the SCOTUS.
The post overall and the comparison was intended to point out two things.
A) Supreme Court decisions are NOT settled law.
B) When determinations are made on the basis of the truth of right and wrong (vice “I want to do it so it must be right”), good and bad, morals, they have much less chance of being overturned. When decisions are made on the basis of polls, current societal “norms”, “equality”, etc., they will eventually, hopefully, be corrected. The SCOTUS is more and more making decisions based on current societal norms vice what is right (or even Constitutional). I harken again back to Sodom and Gomorrah.

So take heart. Poor decisions can, and hopefully will, be reversed. Oh, wait a minute… have we the time?

One final thought – let’s take a quick look at the Constitution of the United States. You remember that document. The one the POTUS and SCOTUS like to ignore.
It specifies in Article III, Section 2, Paragraph 2:
“In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the Supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.”
So the question may be – Why does Congress, the body of the people, not stand up for what is right for the people? Congress is Constitutionally authorized to make exceptions as to on what the Supreme Court may or may not rule. For what are they waiting? The people, through their Representatives, have the authority to say “this is the way we wish our country to be run… this is what is right and what is wrong… the minority can’t dictate to the majority… having an opinion (preference?) does not make you right…”. However, our Congress is either ignoring or ignorant of it’s authority to stand up for the people. So much for a “representative democracy”.

>>> The day is at a close, the night is drawing in and my cigar awaits – ’til next time…

The Tipping Point – a continuation…

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Progressivism (read, Liberalism/Socialism) in a nutshell (although not inclusive)::

Poverty vs welfare: They go hand in hand. What Socialists don’t see is that while welfare doesn’t create poverty, in its current state in our country, it does in fact perpetuate it. This has led to generational dependency and poverty. The way to lift our fellow man out of this perpetual state is to allow the private sector to provide jobs and limit the assistance (at either the State level or via private charity) to a minimal timeframe thereby creating the requirement to accept the work that private sector provides. Considering it is ALWAYS better than the poverty level subsistence provided by the Federal government, why would you NOT take it. Oh yeah, you’d actually have to GET A JOB!
I am not alone in this, the Manhattan Institute, came to this conclusion when it studied the notion of income inequality: “The central problem facing the economy is that income growth over the past few years has been modest to nonexistent, as a result of the financial crisis, the subsequent recession, and an extremely modest recovery. Moreover, policies that aim only to redistribute wealth—rather than generate real economic growth and opportunity—are unlikely to solve, or even meaningfully address, the slow growth trajectory for wages.”

Tax rate vs government income: Proven over and over again, lowering the tax rates creates more income for the government. Makes no sense on the surface (which is as far as the Socialists look because any further would not satisfy their plan of dependency and thereby ensuring its continued power base). However, the reason it works is simple. Less money taken from the private sector by the government allows more money to be spent by individuals and companies. Money spent creates jobs. More jobs equals more income. More income creates more income tax (yes, EVEN at lower tax rates). It is NOT rocket science.
This is not only a solution for our debt, it is a solution for unemployment. It is a solution for pulling anyone and everyone that takes advantage up in social status. As the old saying goes, a rising tide lifts ALL boats. As well, any job created by the government is a cost to all taxpayers, whether you want or need the product/service. Any job created by the private sector is a cost only to those that choose to spend money on that product or service. That said, since profit is the life or death of a company, job creation is required. Without employment, there is no profit. Therefore, the private sector is much better at creating and pricing jobs. Need proof, look at history.

Debt: See comments reference Greece in previous blog (07/05/2015 – The Tipping Point).

Morality: It is a good thing we have a Supreme Court (more on this next week) to dictate morality and create laws to ensure it. I suspect if we keep going down this path (which I see no indication we won’t) we will be able to get rid of Congress (and therefore the will of the people) and just have a dictator as president (later to be renamed monarch since it is more politically correct) and a court to rubber stamp his/her prescriptions. As well, by dictating away Judeo-Christian morals, on which this country was founded and most of our overriding laws (including the Constitution itself) are based, they can ensure their voting base and therefore their power. Keep in mind however that at some point voters will no longer be needed. Subjects on the other hand will be important.

Our national borders: While I fully understand from an individual perspective the desire to improve their standard of living, entering a sovereign nation without permission is not right. From the other side of the border, helping other countries improve the standards of their people is much preferable than taking on their poverty stricken citizens. And undoubtedly less costly in the long run. Not that I am advocating the US as the banker to the world anymore than the police force of the world (although we already supply significant portions of direct and indirect “lending” to nations throughout the world). Nor do I suggest that it is easy to go into a country and presuppose we know better than them how to provide for their people. However, it is without a doubt that we have proven our past philosophies are quite able to ensure a prosperous society. That said, allowing illegal immigration is not the solution to any country’s problems. When we allow the destitute with no means of support (thereby becoming an additional drain on a society already sucked dry), criminals and terrorists to cross into our country unabated, it can only lead to a further decline and eventual destruction of our ability to help ourselves, much less that rest of the world. And it is in direct conflict with the prime raison d’être of government, its reason for existence – to protect (not PROVIDE FOR) its people. Our current policies and level of enforcement is detrimental to our national existence.

Being forced to buy what we may not want (or already have in the form we want): Yes, SCOTUS Care (not interested in using our current POTUS’s name at any time – but aka The Affordable [what a joke] Care Act – as the current major example. The Oligarchy has spoken. The Federal government, or in this case, the Dictator in Chief and his cohorts in Congress, has/have no Constitutional authority to FORCE us to purchase not only something we don’t want, but exactly what and how much it will be. Apparently individual liberty (as in Life, Liberty and the pursuit of Happiness) and the 1st Amendment no longer apply. A solution looking for a problem. Instead of allowing the private sector to solve the problem of the few, the Dictator in Chief has solved the “problem” even for those of us that didn’t have one. As well, we now have pretty much as many or more without coverage than the problem was to address and has shown no lowering in costs for those that are forced to get a new version of something they already had. The numbers for 2012 (prior to “Affordable” Care Act (ACA)) show an uninsured rate of 16.7% with an average family annual premium of $15,745. In 2013 the uninsured rate was 20.8%. Today the uninsured rate is approximately 15.5% with an average family annual premium of $16,800. These numbers are of course from the government that brought you the product you did not need. Honesty? – I don’t think so. In addition, other than forcing people to purchase something they may or may not want, from somewhere they may or may not want purchase it, what has it accomplished? Since, contrary to what was portrayed, there is no indication that the ACA was the cause of the minimal reduction (a theoretical 1.2%) in number of insured. All that said, and contrary to the ruling of the SCOTUS (now a political body vice the intended legal one), there is nothing Constitutionally allowing the Federal government to get involved in health care.

Another long one. The wife hates that. But it needs to be said. And luckily I’m not the only one saying it. If you believe this country needs to get back to prosperity and the moral values upon which it was based, it is time to standup and in whatever way available to you (within the context of those values) do SOMETHING to turn it around.

Again, welcome to the New Dark Ages…

Maybe I’ll try some less depressing topics in the near future.

>>> The day is at a close, the night is drawing in and my cigar awaits – ’til next time…