Yet Tenthers reject the notion that the federal Court can rewrite the Constitution for the entire nation if 5 politically connected lawyers agree. Besides the fact that this wasn’t how the Framers intended our constitutional republic to operate, it also is a sure loser for those interested in preserving individual rights and limiting the growth of government.
Somehow the Court always seems to decide with federal power over state power, unfairly stacking the deck in the favor of the central government. And when it comes to issues that matter, like actually restraining the feds from Empire-building abroad, the Court wusses out.
A perfect example of the spinelessness of the Supreme Court is the “political question doctrine.” Political questions are controversies which the Court deems to be too tricky for them to handle. Basically it’s a way for them to arbitrarily dodge involving themselves in issues which could actually restrain federal power.
The Court has ruled that constitutional challenges to a President’s conduct of foreign policy, (like perhaps Obama tripling U.S. forces in Afghanistan), are political questions and therefore nonjusticiable. Once again, it seems like the Court excuses itself from an area where it could actually be an influence for liberty and freedom.