Tuesday, July 10, 2012

Arizona Initiative Would Strip Supreme Court Of Judicial (Constitutional) Review As A Result Of The Unaffordable Care Act

I'm gone on a healthcarepalooza with the last handful of posts.  I wasn't expecting to do so but I'm going to drop one more in here before moving back to mainstream economics and finance.  (Although, these topics are most certainly more about economics than mainstream economics.)

I have noted five or six times over the last few years that judicial review of what is or isn't constitutional is not a power granted to the courts under Article 3, the judicial powers, of the Constitution.  And, that many founders never would have signed onto the Constitution were that a  power granted to the courts.  There were some giant names against this tyranny of an unchecked power of unelected bureaucrats on the Supreme Court.   That is the very reason such power was not granted under Article 3.  Yet the precedence for this power grab of judicial review self-granted by the courts to itself was a wildly corrupt case at the time.   In other words, the Supreme Court self-granted itself this process through corruption rather than it being a constitutional power.  This self-granted power has stuck with the court. 

I would argue this power has stuck with the Supreme Court mostly because politicians never want to tackle anything controversial that threatens their ability of re-election rather than any modicum of democratic truth to granting this unchecked power.   In other words, politicians never want to be associated with any controversy of what is or isn't constitutional so outsourcing that power to someone else is fine by them.  By the way, it's this very dynamic of emotional self-abandonment (and the subsequent lack of personal responsibility typical of unstable, power-mad personalities.  Think Lloyd Blankfein, Jamie Dimon and Dick Fuld.)  that has created an executive branch that steps well beyond its granted powers.  The Congress, the supposed voice of the people, is constantly outsourcing its duties through self-abandonment - the most glaring of which are the congressional responsibilities literally handed to the executive branch in the form of endless undeclared wars that define the corporate state and the massive security apparatus granted to spying upon Americans, killing terror suspects, killing Americans, illegal torture, illegal rendition and the like.  All without congressional involvement. 

There are many dirty little secrets created by unchecked power and politicians that subvert our economic and human rights and our Constitution.  Not the least of which is corporate personhood.   This Supreme Court ruling granting corporations the power of people to lobby (bribe) government could easily be overturned by Congress.  Easily.  It's never even brought up.  In fact, other than a little hollow rhetoric,  Obama has done nothing but benefit from this corrupt case as well.  But, then the Democratic and Republican Parties are, in fact, registered corporations who are only able to survive by granting their corrupt party (corporation) money engines and control of all elections through the dynamic of corporate personhood and associated fascism or the comingling of corporate power with government.   Otherwise, party control would collapse.  I believe it's likely headed that way regardless as we have noted numerous times.

A few posts ago I noted that I believe judicial review will eventually be stripped from the Supreme Court as it had been in France and provided a link to Thomas Jefferson and James Madison's resolutions granting constitutional review to the states and not via Supreme Court judicial review.   Less than a week after that post, forces in Arizona are challenging judicial review under the same premise.   Arizona is at least considering the allowance of what federal laws are constitutional through their own powers as Thomas Jefferson and James Madison noted.

State's rights are eventually going to clash with the federal government.   I have been writing about this for the last seven years.  The federal government is drunk on unprecedented corruption and unchecked power that has destroyed the rule of law and created empire and a corporate state inconsistent with democracy.   The only rule of law able to stand against this unchecked power are the states.

Federal law is the law of the land but we have a written rule of law that limits those powers.  And, determining whether those powers or federal law is constitutional is not a matter best determined by a federal government drunk with its own avarice and corruption.   As Jefferson and Madison noted, determining what federal law is constitutional is a right, albeit maybe not an exclusive one, but most certainly granted to the states by a rule of law as a check against a federal power grab. 

Unfortunately, some of that clash between states and the federal government will be politically motivated as party politics.  In other words, this clash may often be less about what is just and more about one party trying to take power from the other; a dynamic in which both parties are subverting democracy and the interests of our nation.  But, that dynamic might actually force the end of both parties much more quickly.   I want you to remember that I have noted that we are in the midst of America's second civil war.  It doesn't have to be people fighting in the streets.  It's a war for power and restoration of balance of power.   It's a war for the mind of democracy and the rule of law versus the tyranny of the rule of man or the self and its endless corruptions.

I'm amazed at how ignorant Democrats are to what this Supreme Court ruling means.  Obama is the tax man. And he's levying the greatest tax in history on the poor, downtrodden and persecuted in this nation; those without a voice because they are unable to compete with the endless stream of political corruption driven by the god of money.  A process that subverts righteousness, reason, intellectualism and truth thus creating the dumbed-down corporate state. 

"Keep, ancient lands, your storied pomp.  Give me your tired, your poor, your huddled masses yearning to breathe free.   The wretched refuse of your teeming shore.  Send these, the homeless, tempest-tost to me"   ....  so that I may prey upon them.  -- The Godless Corporate State

Title link here.

posted by TimingLogic at 10:56 AM