The Right Voice

John McCain appeared on “The View” recently and talked about Supreme Court appointees. Of course, the question of Roe v. Wade was asked. However, those of us who have read the Constitution and understand how the Court works know that there is no point at all for this “concern” to be brought up. The Constitution states that The Supreme Court only has appellate jurisdiction. That means they can only hear arguments for a case after it has gone through the state, and district courts. Also, a case has to be brought up in the first place. Historically the Court’s favorite thing to do is to take a back seat. The cases have already been decided. They adhere to Stare Decisis - Let the decision stand.

They will rarely overturn a case (except in cases that were decided by incompetance like Plessy vs. Ferguson and The Dred Scott Case). The last time a case was brought before the Court dealing with overturning Roe v. Wade was 1991, and it was not overturned despite have on conservative majority in the Court and a President against abortion. It’s a moot point, but why let that get in the way of a juicy hook? The idea that John McCain as a strict interpreter of the Constitution also came up. He believes (as well as I do) that we should interpret the Constitution the way our founders interpreted it. So he believes the case should not be up to the court (and it shouldn’t). As Justice Scalia, saying as only Justice Scalia can say said this:

The point at which life becomes ‘worthless’, and the point at which the means neccesary become ‘extraordinary’, or ‘inappropriate’ are neither set forth in the Constitutio nor known to the nine Justices of this Court any better than they are known to nine people picked at random from he Kansas City phone directory

To think that the black robe of the Supreme Court gives them clairvoyance to know anything of right and wrong, moral or immoral is foolish. To give them powers that are not granted to them in the Constitution is even more foolish.

After McCain spoke Whoopi Goldberg interrupted. She asked if she had to worry about becoming a slave because McCain said we should follow the Framers. Well, she must not know our position so I’ll tell her. We don’t agree with the notion that the principles of the Constitution change, and we don’t like Justices changing it based on their own personal preferences at the time of their ruling. We think that the only way to declare something “unconstitutional” is to change the Constitution through the amendment process. It appears that Whoopi Goldberg has never read the 13th Ammendment either, so I will help her with that too.

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime where of the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2. Congress shall have the power to enforce this article by appropriate legislation.

Seems pretty cut and dry. I bet there is a Justice who believes in a living document that will one day read into that amendment that it was not talking about slavery and will re-institute it. Quick, let’s start a panic over nothing.
Todd