What to do when the Supreme Court Fails?

What if the Supreme Court became an arbitrator trying to please both sides rather than “letting the cards fall where they may,” ruling alone on constitutionality as designed? In the end neither side is really happy and the Court’s function is blurred or discredited. What if preserving its own image became more important to justices than defending the Constitution? Or worse, what if the Court forced a round peg into a square hole, so to speak, to force a decision not intended, or argued for by either side therefore creating new law—a function of Congress alone? What if all of the above were in one decision such as with the recent Supreme Court decision on National Healthcare? How can the states or people keep the Supreme Court in line with the U. S. Constitution? The answer is in the Constitution as understood by the Founders.

Our constitution first divided power between the states and the federal government with the powers given to the federal government listed, defined and limited and those of the states left undefined and not listed, as per Amendment 10. This is known as federalism and is sometimes thought of as a marriage—shared and equal—neither the state nor federal government the master nor slave of the other.

The portion of power left to the federal government is then divided between the legislative, executive, and judicial branches. The down side of federalism (our marriage) is that the umpire is one of the three branches of government at the federal level and as such is likely to rule in favor of a strengthened federal government were it to arbitrate between the states and the federal government. It is equivalent to two adversarial teams playing basketball and the referee is a member of the federal team. The balancing component to this, potentially lopsided division of power, is the doctrine of nullification.

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Taking Credit for America’s Engine?

The only reason we have any infrastructure in this country is because of the American business man and woman. There is no credit that can be given to the government for the creativity and ingenuity it takes to start, implement, maintain, and grow a successful business.

How and why do roads and bridges get built? First the why. In most communities across the nation roads and bridges are supported by business people in the community that believe if we build the bridge it will add value to the community from an economic standpoint. Whether it is a local development where developers build the roads and bridges or a regional project to bring a mall to the area, businessman and woman begin the efforts. If we left infrastructure up to the people in government we would still be rowing across the Hudson and Mississippi Rivers. Bureaucrats don’t come up with the ideas, the private sector does. Bureaucrats simply slow down the process.

The how? Roads and bridges are designed in most part by private engineering businesses through contracts awarded by the government. The money used to build the bridges is tax dollars created in the private sector by the businesses that pay taxes. The government again is a middle man often slowing down or impeding the process. So without the taxpayer, ideas from the private sector and the blood sweat and tears of the private sector nothing gets done.

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Brief Highlights from United Nations “Agenda 21″

The below sections are taken directly from the United Nations Agenda 21, and represents some of the serious concerns this plan represents to liberty for our people. Please note this overview is intended as a brief introduction, which may interest folks in looking further into the possible ramifications of Governmental Centralization. Please utilize the links at the bottom of the article to explore more of the discussion.

Section 1.1. Humanity stands at a defining moment in history. We are confronted with a perpetuation of disparities between and within nations, a worsening of poverty, hunger, ill health and illiteracy, and the continuing deterioration of the ecosystems on which we depend for our well-being. However, integration of environment and development concerns and greater attention to them will lead to the fulfilment of basic needs, improved living standards for all, better protected and managed ecosystems and a safer, more prosperous future. No nation can achieve this on its own; but together we can – in a global partnership for sustainable development.

Section 1.3. Agenda 21 addresses the pressing problems of today and also aims at preparing the world for the challenges of the next century. It reflects a global consensus and political commitment at the highest level on development and environment cooperation. Its successful implementation is first and foremost the responsibility of Governments. National strategies, plans, policies and processes are crucial in achieving this. International cooperation should support and supplement such national efforts. In this context, the United Nations system has a key role to play. Other international, regional and subregional organizations are also called upon to contribute to this effort. The broadest public participation and the active involvement of the non-governmental organizations and other groups should also be encouraged.

Section 2.32. All countries should increase their efforts to eradicate mismanagement of public and private affairs, including corruption, taking into account the factors responsible for, and agents involved in, this phenomenon.

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