Monday, September 21, 2020

Supreme Court Justices

 The fact that the Supreme Court has become so political is not what was intended or how it should be.

Someone on the Court should be a distinguished person who can apply the Constitution of the United States to situations.  However since the Constitution was written years ago, it doesn't fully address all situations.

What we have seen over the years are interpretations that have to some extent created new law.

Take the 2nd Amendment.  We currently interpret it much differently than we did say 100 years ago.  It has now been interpreted to not only include the right to own guns but to cover the way we can carry them.

Whatever you feel about guns we never used to question a communities regulation of whether you could carry them in public places.  

However the court is not really who should be deciding issues.  Any ambiguity in the constitution or the law should be corrected by the legislature.  Take the right to an abortion.  The Supreme Court decided in Roe vs Wade that the 14th Amendment kept the Government form dictating a Women's behavior but that decision was both controversial and complex.  The fact that it could be overturned in the future was always known but the legislature has failed to do its job.

We are now faced with a situation where a Supreme Court appointment could disrupt prior decisions.  Unfortunately the stench of politics has permeated the halls of justice.

Still allowing this to develop is the fault of the legislature and ultimately the people.

Fix the process.

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