ARRA News Service
ARRA News Service facebook page  
News for social, fiscal & national security conservatives who believe in God, family & the USA. Upholding the rights granted by God & guaranteed by the U.S. Constitution, traditional family values, "republican" principles / ideals, transparent & limited "smaller" government, free markets, lower taxes, due process of law, liberty & individual freedom. All content approval rests with the ARRA News Service Editor. Opinions are those of the authors. While varied positions are reported, beliefs & principles remain fixed. No revenue is generated for this site - no paid ads accepted - no payments for articles. Fair Use doctrine is posted & used.
Editor/Founder: Bill Smith, Ph.D. [aka: OzarkGuru & 2010 AFP National Blogger of the Year]
Contact: (Pub. Since July, 2006)
    Home Page

One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors. -- Plato (429-347 BC)

Sunday, February 21, 2016

A Plebiscite on the Supreme Court

by Phil Kerpen, Contributing Author: President Obama has shown nothing but contempt for the legislative branch. Now when the president who dismissively said “I've got a pen and I've got a phone. And that's all I need” picks up that phone and calls the Senate for action on a Supreme Court nomination, the Senate should say no. No hearings, no votes. The stakes are too high and the differences are too stark – and the only way conservatives can win is to take their case directly to the American people in this year’s election.

While filibustering Bush judicial nominees in 2005, Harry Reid explained: “The duties of the United States Senate are set forth in the Constitution of the United States. Nowhere in that document does it say the Senate has a duty to give presidential nominees a vote. It says appointments shall be made with the advice and consent of the Senate. That is very different than saying that every nominee receives a vote.”

After Democrats took control of the Senate in 2006, they moved from filibuster to a total pre-emptive blockade of Supreme Court justices, led by Chuck Schumer. “Chuck Says He’ll Veto the Next Alito,” the Observer headline screamed. “One more justice would have made it a 5-4 conservative,” Schumer said. “That won’t happen.”

It is possible Justice Scalia would have retired and allowed President Bush to name his preferred replacement, Frank Easterbrook, had the 2006 elections turned out differently. But Democrats took control, and that had consequences.

It wasn’t the first time. “The President's supporters insist vehemently that, having won the 1984 election, he has every right to try to change the Court's direction.” The New York Times editorialized in 1987: “Yes, but the Democrats won the 1986 election, regaining control of the Senate, and they have every right to resist.”

And they did resist, successfully thwarting Robert Bork’s nomination on purely ideological grounds and only relenting when Reagan appointed the left-leaning Anthony Kennedy.

Similarly, the 2014 Senate landslide was a sharp rebuke not just of Obama’s agenda but of his penchant for sidestepping Congress on issues like immigration, labor, and energy policy. The American people wanted a Senate that would finally put the brakes on Obama’s executive power.

This is a president who famously pretended the Senate was in recess when it was actually in session, installing non-recess “recess appointees” to steer a radical union agenda at the National Labor Relations Board.

The Supreme Court rebuked that move in a stinging unanimous 9-0 decision in Noel Canning – which now stands as the impediment to Obama sidestepping the Senate with a recess appointment outside of what it calls “unusual circumstances.”

Justice Breyer’s opinion for the court included this wonderful, and now likely essential, line denying Obama any wiggle room: “It should go without saying—except that Justice Scalia compels us to say it—that political opposition in the Senate would not qualify as an unusual circumstance.”

More recently, the president concluded a global warming agreement in Paris that the rest of the world accurately describes as a treaty. President Obama, knowing that a treaty effectively banning coal-fired power plants in the United States while allowing China and others to build hundreds of them would be a political disaster in the Senate, is simply planning to deposit ratification documents at the United Nations on April 22 on his own imagined authority – without submitting the treaty to the Senate.

One of Scalia’s final official acts was agreeing to issue a stay against the EPA greenhouse gas rule Obama is relying on to implement the Paris treaty without Congress. Obama’s own liberal Harvard law professor Laurence Tribe has slammed the EPA rule, saying: “Burning the Constitution should not become part of our national energy policy.” Nonetheless, all four Democratic appointees dissented on the stay – and the final decision will likely rest with whoever is ultimately confirmed to Scalia’s seat.

So you can add energy policy to the lengthy list of things hanging in the balance with control of the court that rewrote Obamacare twice and stands ready, with one more liberal vote, to hobble the First Amendment and the Second Amendment.

Antonin Scalia stood for the proposition that the law and the Constitution are what they say they are, and that made him a villain to elites who use the courts to impose liberal ideas that could not succeed through legitimate democratic and constitutional processes.

Any judge appointed by President Obama would, like Obama himself, see legislating from the bench not as a problem to be fixed but as an opportunity to move the country even more sharply to the left.

As Scalia said in his famous Casey dissent: “the American people love democracy and the American people are not fools… Value judgments, after all, should be voted on, not dictated; and if our Constitution has somehow accidently committed them to the Supreme Court, at least we can have a sort of plebiscite each time a new nominee to that body is put forward.”

The timing of Scalia’s death, after voting had already begun to elect a new president, sets up just such a plebiscite. We should dispense with the tired posturing, admit the president and Senate are deadlocked, and allow the American people to decide which type of nominee they want.
Phil Kerpen is president of American Commitment. Follow him at (@kerpen) and on Facebook. He is a contributing author at the ARRA News Service.

Tags: Phil Kerpen, American Commitment, plebiscite, Supreme Court To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service. and "Like" Facebook Page - Thanks!
Posted by Bill Smith at 3:15 PM - Post Link


Post a Comment

<< Home

national debt
Don't miss anything!
Subscribe to the
ARRA News Service
It's FREE & No Ads!

You Receive One Email Each Morning
With Prior Days Articles / Toons / More

Also, Join us at:

Recent Posts:
Personal Tweets by the editor:
Dr. Bill - OzarkGuru
Married 48yr #Conservative #Constitution #NRALife #GunRights #USAF 22yr #military #veteran #Christian #CCOT #ProLife #TEAParty #GOP #TCOT #SGP #schoolchoice

Action Links!
Arkansas State Senators
AR State Representatives
Arkansas Governor Office
Arkansas Attorney General
Bankrupting America
US House of Representatives
US Senators
Family Research Council
Sunshine Review

Facebook Accts - Dr. Bill Smith
ARRA News Service
Arkansans Against Big Government
Alley-White Am. Legion #52
Baxter County Republicans, AR
Catholics & Protestants United Against Discrimination
End Taxpayer Funding of NPR
Overturn Roe V. Wade
Prolife Soldiers
Project Wildfire
Republican Liberty Caucus of Arkansas
The Gold Standard
Twin Lakes Republican Women
US Atty Gen Loretta Lynch, aka Eric Holder, Must Go
Veterans for Sarah Palin
Why Vote for Hillary (Satire)
FB Groups:
Arkansas For Sarah Palin
Arkansas Conservative Caucus
Arkansas County Tea Party
Arkansans' Discussion Group on National Issues
Blogs for Borders
Conservative Solutions
Conservative Voices
Defend Marriage -- Arkansas
FairTax Nation
Arkansas for FairTax
Friends of the TEA Party in Arkansas
Freedom Roundtable
Let's Mine AR Lignite NOW!
Personhood Initiative
Pro-Life Rocks - Arkansas
Republican Network
Republican Liberty Caucus of AR
Reject the U.N.


Links to ARRA News
A Patriotic Nurse
Agora Associates
a12iggymom's Blog
America, You Asked For It!
Americans for a Free Republic
America's Best Choice
America's Whatchtower
An Ol’ Broad’s Ramblings
AR Republican Assembly
ARRA Twitter
As A Matter of Fact
As The Crackerhead Crumbles
Baaad Media!
Baxter Co. GOP Assembly
Baxter County Republicans
Benton Co. GOP Assembly
Black & Right
Blogs For Borders
Blogs for Palin
Blow the Trumpet Ministry
Boot Berryism
Cap'n Bob & the Damsel
Chicago Ray Report
Chuck Baldwin - links
Citizen Pamphleteer
Common Cents
Conservative Hideout
Conservative Observer AZ
Conservative Voices
Conway Real Deal
Defeat Obama's Agenda
Diana's Corner
eGOP News
Florida Pundit
Franklin Online Outreach
Free Zone Media Center
For God and Liberty
Garland County Republicans
Greater Fitchburg For Life
Guns and Religion
Lasting Liberty Blog
Liberal Isn't Amy
Liberty's Lifeline
Maggie's Notebook
Marathon Pundit
Monkey in the Middle
NASA Satellites
No Runny Eggs
Okie Campaigns
Our Voices Arkansas
Patriot's Corner
Publius Forum
Randy's Roundtable
Real Debate Wisconsin
Religion and Morality
Right on Issues that Matter
Right Reason
Rocking on the Right Side
Saber Point
Saline Watchdog
Secure Arkansas
Sentry Journal
Stop Obama Satire & Cartoons
The Arkansas Patriot
The Audacity of Logic
The Blue Eye View
The Bobo Files
The Born Again Americans
TEA Party Cartoons
The Conservative Citizen
The Foxhole | Unapologetic Patriot
The Liberty Republican
The Lid
The Looking Spoon
The Maritime Sentry
The O Word
The Path to Tyranny Blog
The Real Polichick
Truth About Obamacare
Twitter @ARRA
Warning Signs
Women's Prayer & Action

Editor's Managed Twitter Accounts
Twitter Dr. Bill Smith @arra
Twitter Arkansas @GOPNetwork
Twitter @BootBerryism
Twitter @SovereignAllies
Twitter @FairTaxNation

Editor's Recommended Orgs
American Committment
American Enterprise Institute
American Family Business Institute
Americans for Limited Government
Americans for Prosperity
Americans for Tax Reform
American Security Council Fdn
AR Faith & Ethics Council
Arkansas Policy Foundation
Ayn Rand Institute
Bill of Rights Institute
Campaign for Working Families
Center for Individual Freedom
Center for Immigration Studies
Center for Just Society
Center for Freedom & Prosperity
Citizens Against Gov't Waste
Citizens in Charge Foundstion
Coalition for the Future American Worker
Competitive Enterprise Institute
Concerned Veterans for America
Concerned Women for America
Curtis Coleman Institute for Constitutional Policy
Declaration of Am. Renewal
Eagle Forum
Family Research Council
Family Security Matters
Franklin Center for Gov't & Public Integrity
Gingrich Productions
Global Incident Map
Great Americans
Gold Standard 2012 Project
Gun Owners of America (GOA)
David Horowitz Freedom Center
Institute For Justice
Institute for Truth in Accounting
Judicial Watch
Less Government
Media Reseach Center
National Center for Policy Analysis
National Right To Work Foundation
National Rifle Association (NRA)
National Rifle Association (NRA-ILA)
News Busters
O'Bluejacket's Patriotic Flicks
Open Secrets
Presidential Prayer Team
Religious Freedom Coalition
Renew America
Ron Paul Institute
State Policy Network
Tax Foundation
Tax Policy Center
The Club for Growth
The Federalist Today
The Gold Standard Now
The Heritage Foundation
The Leadership Institute
Union Facts

Blogs For Borders

Reject the United Nations

Adopt Our Troops in Prayer

Thousands of Deadly Islamic Terror Attacks Since 9/11

FairTax Nation on FaceBook
Friends of Israel
Blog Feeds
Syndicated - Get the ARRA News Service feed Syndicated!
ARRA Blog Feed

Add to Google Reader or Homepage

Add to netvibes

Add to Bitty Brouser

Add to The Free Dictionary

Powered by Blogger

Politics Blogs
Politics blog

  • How To Exchange Links!
  • Comments by contributing authors or other sources do not necessarily reflect the position the editor, other contributing authors, sources, readers, or commenters. No contributors, or editors are paid for articles, images, cartoons, etc. While having reported on and promoting the beliefs associated with the ARRA, this blog/site is not controlled by nor funded by the ARRA. This site/blog does not advertise for money or services nor does it solicit funding for its support.
  • Fair Use: This site/blog may contain copyrighted material the use of which has not been specifically authorized by the copyright owner. Such material is made available to advance understanding of political, human rights, economic, democracy, and social justice issues, etc. This constitutes a 'fair use' of such copyrighted material as provided for in section Title 17 U.S.C. Section 107 of the US Copyright Law. Per said section, the material on this site/blog is distributed without profit to readers to view for the expressed purpose of viewing the included information for research, educational, or satirical purposes. Any person/entity seeking to use copyrighted material shared on this site/blog for purposes that go beyond "fair use," must obtain permission from the copyright owner.
  • © 2006 - 2016 ARRA News Service
Creative Commons License
Creative Commons Attribution Noncommercial Share Alike 3.0 Unported License.