There is disagreement about the US Constitution.
Constitutional Conservative “originalists” believe that the US Constitution (as written) and Amended as prescribed in the Constitution is the law of the land. I agree. Congress should not have passed unconstitutional laws that allowed the federal government to expand outside of its “enumerated powers” without sending enabling Amendments to the States for ratification. I agree.
Revisionists believe that the US Constitution, as interpreted by the Courts by following “case law”, is the real Constitution. They hold that the Constitution is a “living document” that is amended by the Courts. I disagree. The Courts have no legislative authority. Basing a decision on “case law” allows for errors to compound and corruption to flourish. Decisions need to be made based on the words in the Constitution together with study of the Founding Fathers’ writings that described what the words in the Constitution meant.
Both groups tend to agree that the Congress can act to correct the court with new law any time they get a spine to do so. I agree. But Congress has made no effort to protect and defend the Constitution (as written) whenever they wanted to do something the Constitution didn’t allow and the States wouldn’t ratify this federal expansion anyhow. They simply ignored the Constitution and pass a law.
Courts could have challenged all the unconstitutional laws passed by Congress since the 1860s, but they didn’t.
The Constitution (as written) requires the federal government to propose Amendments before they take over any functions that are not listed in the “enumerated powers”. The 10th Amendment requires all other powers belong to the States and the People. In that case, the federal government has no authority to insert itself in healthcare, education, energy, federal lands, labor and many other functions that do not appear in the “enumerated powers”.
Supreme Court Justice Scalia was an “originalist” Constitutional Conservative and his replacement Neil Gorsuch is also an “originalist”. Democrats are Revisionists and will fight to continue to attempt to promote socialism in the US. The Supreme Court has been a tool of Revisionists and the Dems don’t want to lose this weapon.
Norb Leahy, Dunwoody GA Tea Party Leader