SCOTUS - Constitutional Protectors or Poachers?

[elfwitch]

I always figured that the main job of the Supreme Court was to make sure that the Constitution was upheld and honored. Their entire purpose is to make sure that laws are Constitutional.

I got my quarterly newsletter from the CBLDF (Comic Book Legal Defense Fund). There were at least three instances where the SCOTUS refused to hear clear cases of First Amendment violations. They flatly refused to hear the case. They let disgusting lower court rulings stand. One of the most disgusting was a case where a comic shop clerk was charged with selling pornography (i.e. adult comic books) to.... wait for it.... AN ADULT!!!!!

And now, the possibility of them letting an Amendment to the Constitution go through that would reduce the rights of a group.

Do people not know what the magnitude of a Constitutional Amendment is? I mean... An Amendment!! These are no small things. When you think about the fact that there are only 27 of them in over 200 years, we are talking about a document that pretty much takes care of the needs of the Republic.

The first ten are the Bill of Rights. You've got three that fix the oversight caused by legalized slavery and denying blacks the right to vote and live free like everyone else. You've got two that basically cancel each other out. (Prohibition) You've got one that fixes the oversight caused by denying women the right to vote. You've got one that fixes the oversight caused by denying 18 year olds the right to vote. The rest are basic housekeeping rules for the government.

This is how important an Amendment is. I am astounded that more people are not screaming at the top of their lungs at the mere suggestion of an Amendment to tell how people they can or cannot live their personal lives.

If the SCOTUS was doing their job, shouldn't they already be rumbling publicly about how this proposed Amendment is Unconstitutional? Shouldn't they already be getting the word out that if it comes across their desk, it will be thrown out?

Is anybody else as frustrated as I am? The * Administration has effectively, in three and a half years, completely discarded the separations of powers and checks and balances of the Constitution, and NOBODY seems to care.

[Arbustosux]

1. hello to you

from one big comic book junkie to another :)

[elfwitch]

2. hey...

If you got an extra $25, send it to the CBLDF. It is a fine cause.

[bowens43]

3. An amendment to the Constitution

can not be unconstitutional. The court will have nothing to say on the issue. Amendments are enacted when passed by 2/3 of both houses of congress and ratified by 3/4 of the states . The Supreme Court will not be involved.

[Mick Knox]

5. oops.. sorry to repeat your thoughts! lol nt

[elfwitch]

6. That shouldn't stop them from saying something....

If something is blatantly out of step with the spirit and the letter of the Constitution, I feel they have an obligation as guardians of the document to speak out. Even if they cannot stop the process, as a function of their job, they should still get their voices heard.

If they cannot see that it is Unconstitutional, somebody should be able to see that.

The fact that it could even be suggested should have set off red lights and buzzers.

I can then only attribute the lack of a huge outcry to the fact that many people have no idea how important the Constitution is. They are either not teaching it in school anymore, or people just don't give a shit.

[bowens43]

7. Again, an amendment can NOT be unconstitutional.

An amendment CHANGES the Constitution. Those who oppose this amendment need to contact their Representatives both federal and state and voice their opposition. The only place that it can be stopped is in the legislature. The courts have no jurisdiction.

[Mick Knox]

8. I doubt they will speak out on the issue...

And if they do.. they face the possibility of feeling the need to recuse themselves later... besides .. they will NEVER hear a court case that a constitutional amendment is unconstitutional.. That is redundant... but they know damn well CA, MA, etc could end up before the court... they will do well to keep their mouths shut.. ESPECIALLY if they support the gay community.. you wouldnt want to lose someone on the court who supports the gay community due to recusing themselves for preforming an opinion .. least of all on this court.

That said.. sometimes they do speak up.. and its never good for the court to do that.

[Mick Knox]

4. A constitutional amendment

can never be ruled unconstitutional by the supreme court... the power of that rests with the legislative branches of the US and respective states. It is part of the checks and balances...actually the ultimate check to SCOTUS power.

If passed.. The SCOTUS could not only NEVER overturn it .. they would be required to enforce it..

spelling edit!