Sage Advice From a Supreme Court Justice (Scalia) By tabonsell

[Demeter]

OpEdNews

Original Content at http://www.opednews.com/articles/genera_thomas_b_070125_sage_advice_from_a_s.htm


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January 27, 2007

Sage Advice From a Supreme Court Justice

By tabonsell



"Get over it."


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The sad part of this episode is that Scalia represents the political faction of Americans that has never gotten over the rejection of Judge Robert Bork for the Supreme Court nor the impending impeachment of Nixon that was prevented only by Nixon' resignation from the presidency.

That resentment over Bork's rejection still crops up in right-wing discourse, especially when President Bush names a judicial candidate that makes Bork look like the good King Solomon.

We should remember Bork as the candidate who advocated that the court was wrong on its Roe v Wade decision negating antiabortion laws nationwide. He also argued the court was mistaken in its flag-burning decisions. Those positions would indicate that Bork has as much respect for constitutional government as does Bush; and Scalia for that matter.

The Constitution specifically states in Article I, Section 8, paragraph 18, that all laws made by government must be based on powers the Constitution places with government. There is no power in that document to authorize regulation of the reproductive process, or our love lives and marriages either, in case anyone is interested. That makes reproduction an "immunity" in the eyes of constitutional law.

And as an "immunity" the states are not allowed to intervene in that area either. But Bork, and his intellectual followers such as Scalia and a few other SCOTUS judges prefer their personal philosophy or religious dogma supersede the Constitution.

The Constitution doesn't give, imply, refer to, or pretend, power for the government to regulate our patriotism or lack of such, and that refers to flag burning as a political protest. The Constitution does say that government can make needful rules and regulations (Article IV, Section 3) concerning property belonging to the government. Therefore, government can legally bar, prohibit or punish flag burning if it is a flag belonging to the government burned and which had been stolen from government. But the decisions that got Bork's dander up involved people burning their personal private property, a position indicating Bork's disdain for the Fifth Amendment's protection of property rights. When people burned government flags in protest they were properly convicted and those convictions stood.

Scalia also belongs to a political faction that advances the concept of "originalism" to constitutional debate. Originalists believe that one must read the Constitution literally as it was read in 1787 when written. But in 1787, abortion was widespread and easily obtained anywhere in the colonies. In creating the Constitution, the Founders saw no need for the new Constitution to address that fact and failed to give government power in act in the area of procreation or any other sexual realm.
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If Scalia and other right-wing donuts wish us to "get over" the stolen 2000 election that put into power the most-corrupt, dishonest, most-criminal and most-miserable administration in American history, they should lead the way and "get over" right-wing failures of the past. And Americans should ask Scalia why they should "get over" unleashing the most-blood-thirsty regime in American history on the nation and the world by him and his cohorts.

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Authors Bio: Thomas Bonsell is a former newspaper editor (in Oregon, New York and Colorado) United States Air Force cryptanalyst and National Security Agency intelligence agent. He became one of American journalism's leading constitutional experts through years of study at Georgetown University Graduate School of Government in Washington, D.C. He is the author of "The Un-Americans: Trashing of the United States Constitution in the American Press", a critique of the mainstream media for ignorance of, or disdain for, our constitutional principles of self-government. He left newspaper work years ago, disgusted at the direction the Fourth Estate -- under the mismanagement of ineffectual, out-of-touch, can't do executives -- was taking away from honest responsible journalism and the observation that there was no place in the mainstream media for a progressive, or liberal, constitutional "expert". Bonsell is an honors graduate of Woodbury College (Los Angeles, California) with a bachelor of business administration degree. He is profiled in Marquis Who's Who in America. Personal motto: Have brain; will use.

[1monster]

1. I dunno, but using the word SAGE in the same sentence as the name

Scalia screams oxymoron to me.

Good editorial, though.

Recommended.