SCOTUS Insight

Hello, all. We are on the doorstep of arguably the most important elections in our nation’s history. Despite the normal party speak, political narratives pushed, and all too often doublespeak by folks on both sides, there is a clear ideological distinction between the dominant US political parties. I hope I am stating the obvious. Something tells me that might not be the case.

What we have before us is monumental. Not only the election but the potential confirmation of a Supreme Court justice.

I am not going into the talking points being pushed by both sides. I will, however, clarify a term that has a become a political narrative being pushed because far too many in our country don’t understand.

Before my SCOTUS comments, I do want to comment on a statement made by the Democratic candidate for President as it is 100% Constitutional what is happening with regards to the filling of a Supreme Court Justice vacancy. I am not going to get into the muck about it. I must believe that he does have an understanding of the US Constitution, given his lengthy time in the US Senate and that he has raised his hand to support and defend it on more than one occasion. However, regardless of whether one agrees or disagrees with the actions of an opposing party, it is concerning that a candidate for the highest office in the US and the most powerful office in the world would knowing attempt to mislead the American people and misrepresent the Constitutionality of an action. Both sides of the political isle like to stretch things. However, the Constitution is our governing document and thus should be known and followed. I will speak to this issue in subsequent posts.

What I will talk briefly about is the importance of Constitutional adherence and how anyone, if they do not support strict adherence to the Constitution in its judicial application of jurisprudence, it is wholly hypocritical and disingenuous to use it as a pass and/or misrepresenting it as a talking point in order to further an agenda.

Let me provide some definitions to terms that I think are incredibly important.

Court Packing: simply means to increase the number of Supreme Court Justices. FDR tried it in the 1930’s but was unsuccessful. The Appointment of SCOTUS judges is a Constitutional power found in Art 2 Sect 2 – appointed by the President and Confirmed by the Senate. It is much harder to confirm justices when the White House is controlled by one party and the Senate is controlled by another. It is much easier if they are the same party. Yes, elections do have consequences.

Judicial Philosophy: This is the underlying set of ideals or beliefs that shapes a Justice’s rulings on particular cases. This is ALWAYS the basis by which Justices are chosen. There are 2 distinct philosophies. One is a philosophy that means to go beyond the words of the Constitution or a statute to consider broader societal implications and influence public policy. This is known as Judicial Activism. Some may also refer to judicial activism as “legislating from the bench”. The other is Judicial Restraint, which is the judicial philosophy to not go outside the narrow scope created by the Constitution.

Why is this important? Well, if you will go back to a previous posting I made with regards to the correlation between the Bible and the US Constitution, The Constitutional argument: It’s all about choice. The direct correlation between the Bible and the Constitution, and the societal drift from both. Dismiss at your own risk, I stated that we, as a country and people in general – “don’t like absolutes. We don’t like to be told what to do. We like the rules of the game to change as we change…or as we want the rules of the game to change. The Bible, like the Constitution, provides absolutes and authority. The further we get away from its principles, its guidelines, its authority, the further away we get from allowing a single authoritative component, in this case: a document, to govern us.”

Again, why is this important? Here is why. The current judge who has been nominated for the United States Supreme Court, Amy Coney Barrett, has been attacked for her strong Christian faith, her values as a mother and parent, and to her strict adherence to the Constitution and to the intent of the Original Framers, which of course includes the Bill of Rights and the other 17 Amendments. With so many in our country, to include elected officials screaming that the confirmation hearings and the confirmation itself is unconstitutional (which is categorically false – see again Art 2 Sect 2 in the US Constitution), love to scream about the Constitution, more importantly the rights protected by the US Constitution, should absolutely embrace and celebrate a potential US Supreme Court Justice to the highest Court in the land who would not read into or stretch the text or meaning of the Constitution in order to impact or influence social policy or either side of the political isle, but to adhere to what it states and what its Framers intended. Very similar to the Bible, adherence to its principles and to the intent of the Author, would be a very welcome stance for the longest standing governmental document and set of governing principles of any country in recorded history.

The United States Constitution, like the Bible, is NOT a living breathing document. “The Bible provides absolutism…clear right and wrong. The Bible gives a clear set of guidelines to live one’s life by. And just as the Bible provides guidelines on how we, as people, are to live, the Constitution provides guidelines on how to govern.”

Adherence to the Constitution and the guidelines set within it is the only way that we can ensure that “…government of the people, by the people, for the people, shall not perish from the earth.” – A Lincoln.

Searcy, out.

Acknowledging the Passing of an Icon and the Empty Seat

I certainly want to lift up the family, friends, and colleagues of the late Ruth Bader Ginsberg. Please be in prayer for them. Whether one agreed with her ideology or not, her accomplishments as a Supreme Court Justice and an advocate for her perspective cannot be underscored or diminished. She was a brilliant lady, an icon and an example for many.

With that being said, a seat is now open on the United States Supreme Court. This will be a major issue as we head into the presidential election. It has already begun with regards to those on the Left stating Trump should not appoint a supreme court justice before the election, even though President Obama nominated a potential supreme court justice after Antonin Scalia passed away mysteriously. The Republicans control the Senate now as they did then. The Democrats touted it as a moral or ethical issue then. I expect it would be one now. Why? Because the Democrats do not control the Senate and can do nothing about it. I won’t address the irony and utter ridiculousness of morality and ethics lessons from the Left. Additionally, the Democrats’ warnings of court packing if Joe Biden wins the election only shows their complete disregard for the rule of law and judicial restraint and clearly reveals their intentions to impact policy via the courts.

No one on either side will be happy and there will be quite a few people in DC and around the country that will be up in arms no matter how this turns out.

It’s going to a very, very interesting fall. It’s why I study and teach Government. More on this and so much more in coming posts at jeffSearcy.net.

So much more to come. Searcy out.

OpEd – The Threat From Within

Many in the united states have this feeling in their stomach that our country is headed toward socialism. Nothing could be more true. The desire to rewrite, ignore, and/or destroy history is paving the way. All one needs to do is look back at early 20th century Europe…specifically Italy and Germany. The coordinated effort to remove competition within the economies in order to foster monopolies, monopolies supported by the government, that occurred in Europe then is now happening here in the US. Think about the shutdown of the economy…the shutdown of businesses in this country, many of them still closed now for 6 months, under the guise of safety and health due to a virus that has a 99+% survival rate. Think about the businesses that were allowed to remain open during the “pandemic”. There are enemies to our republic and to our capitalistic way of life on both sides of the political isle. One side is obvious. One side is a bit more covert. While I recognize the threat that China and other state-run economies pose to the US, neither the President of the US nor the US government should ever be brokering corporate purchases. Once again, a governmental action sought under the guise of national security. At what point does this stop? At what point, regardless of the political ideology that is in the majority in Washington DC or any state or locality, do we as a citizenry hold our elected officials and our governments at the local, state, and federal levels accountable? I will tell you when…when we as a citizenry are truly honest in our assessment of the state and condition of our society – regardless of our ideological beliefs – and the cause of its decline. When we become knowledgeable about our Constitution and our Capitalistic economic system, the ideals that provide the foundation of our country, and the limited government that was created by our Framers. That’s when. There is a serious threat to the future of this country and that threat is from within. The biggest threat to our country and our way of life is…America itself and what we are allowing to permeate our government, our schools, our media, and our lives.

“We were the first to assert that the more complicated the forms assumed by civilization, the more restricted the freedom of the individual must become.” Benito Mussolini

Let that sink in and give honest thought to the applicability.

If you do not think American exceptionalism and the freedoms ensured by our Constitution and secured by the blood and lives of patriots are in serious peril by those entrusted to govern, to teach, and to inform, your lack of vision and/or your willingness to ignore the obvious, are only contributing to the American demise and to paving the dead end road to “serfdom”.

Searcy out.