Mychal Massie writes:
"The speculation with bated breath for the announcement of President Bush's nominee to replace retiring Justice Sandra Day O'Connor has begun...
"But from my perspective, what is oftentimes argued as best for the country is not what is best for America, because what is best for America is that which upholds our Constitution...
"In my opinion, Sandra O'Connor's replacement... should be an originalist that understands their singular function is to uphold the U.S. Constitution, not rewrite it...
"Justices of the Supreme Court of the United States have the sole authority to interpret the Constitution and render final decisions pertaining to all federal laws; nothing more – nothing less.
"The Framers provided for a federal government superior to that of state governments within the confines of its enumerated powers, i.e., those powers absolutely necessary to fulfill the limited role of the federal government. All other powers were to be invested with and in the citizenry of the individual states, thus creating a unique system of checks and balances that were divided among the executive, legislative and judicial branches of government.
"It was the will and intent of the Framers that '[A]ll political power rested with the people.'... Such was the reasoning of James Madison when he wrote: 'The powers delegated by the proposed constitution to the Federal Government are few and defined. Those which are to remain in the State Government are numerous and indefinite...'
"And such was the order of America until Roosevelt's 'New Deal...'
"Roosevelt unleashed a flood of legislation creating expansive federal programs purportedly to curb the effects of the Depression. These New Deal programs dramatically increased the size and scope of the federal government above and beyond its historic – and constitutionally mandated – role...
"Those Rooseveltians who would subvert and further undermine the Constitution and the will of the Framers are the offspring of Charles Evans Hughes, chief justice of the Supreme Court, 1930-1941, who uttered the words: 'We are under the Constitution, but the Constitution is what the judges say it is ...'
"Maintaining control of a court that finds a right to privacy where none exists; that finds a phrase in the First Amendment that is not only nonexistent, but is contradictory to every state constitution on at least some level; that finds in the Fifth Amendment the right of government to seize the private property of citizens for the financial benefit of the elite and influential is the type of court those unable to achieve same legislatively on any level are determined to maintain control over...
"We must insist the president appoint one who will benefit all Americans as the Framers intended. We must insist on one who has the temperament and requisite constitutional learnedness and understanding the Framers foresaw."
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