Editorial: Judge Barrett may very well be the purest constitutionalist ever nominated to the United States Supreme Court

The enslaved Dred Scott whose Supreme Court case may have led to the American Civil War.

Kelli Ann Cox, Publisher, The Golden Hammer

In his First Inaugural Address, on March 4, 1861, Abraham Lincoln said, “If the policy of the Government upon the vital questions affecting the whole people is to be irrevocably fixed by the decisions of the Supreme Court, the people will have ceased to be their own rulers.” Lincoln, of course, referred to the United States Supreme Court’s 1857 decision in Dred Scott versus Sanford, which invalidated the Missouri Compromise of 1830 and likely precipitated the American Civil War.

The Nation reeled from the Dred Scott decision, which was a clear instance in which federal judges manipulated and distorted American law in order to achieve the policy result they wanted to achieve.

That’s precisely what we’ve suffered under the Roberts Supreme Court where a liberal majority has used the baseless concept of “substantive due process” as a means to distort the United States Constitution and manipulate American law into the result the five liberals who dominated the Supreme Court craved, among other policies:

  • Gay marriage;
  • Extending civil rights laws to transgenderism;
  • Striking down a pro-immigration-law-enforcement executive order which merely reversed a previous anti-immigration-law-enforcement executive order; and
  • Upholding the Affordable Care Act allegedly as a “tax” in one of the worst butcherings of constitutional analysis in history.

President Donald Trump has already nominated and obtained confirmation of two Justices, Brett Kavanaugh and Neil Gorsuch, who have firmly held to the Original Intent of the Constitution, much to the dismay of liberals who seek to use federal courts to overturn legislative policy decisions they don’t like.

In United States Court of Appeals for the Seventh Circuit Judge Amy Coney Barrett, President Trump has fixed upon the singular individual who may very well be the purest constitutionalist ever nominated to the United States Supreme Court.

Like President Lincoln, who was himself a superb attorney, Barrett has observed, “courts are not designed to solve every problem or right every wrong in our public life.” As a Judge of the Court of Appeals, Barrett has consistently stuck to the text of the Constitution and to its Original Intent if there is any ambiguity.

“Policy decisions and value judgments of government must be made by the political branches,” she said in the remarks she will give to the United States Senate Judiciary today. “The public should not expect courts to do so, and courts should not try.”

Judges who play politics or policy, or both, have brought disrespect to American courts. It’s time for the people to take back our courts. Judge Barrett’s elevation to a Supreme Court Justice would be a heartening first step for an issue that is so important Americans should support any procedure the U.S. Senate adopts and implements to confirm her as swiftly as possible.

 

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