The Supreme Court strikes down part of Arizona’s immigration laws – seen as a win for liberals. They strike down all of Montana’s laws on corporate expenditures for candidates – seen as a win for conservatives. The truth is that the loser in both of these cases is all of America. These are two decisions released by the court in the past week which are part of a trend begun in the early-to-mid 1900’s in which the Supreme Court has increasingly applied the first eight amendments of the U.S. Constitution directly to states and even local governments, stealing away the powers and rights of the states and people to determine their own local domestic laws. The states and people are supposed to be protected from the federal government by the U.S. Constitution and again by the 9th and 10th Amendments, but the Supreme Court conspicuously ignores the last two amendments in the Bill of Rights. When Chicago tried to restrict gun ownership the Supreme Court said no – conservatives were happy. When Texas attempted to prevent abortions outside of rape and incest the Supreme Court said they couldn’t – liberals were happy. And on and on the Court continues to determine the laws for every state and municipality, sometimes to the pleasure of one party or group and sometimes to another, but always to the detriment of the original American form of government that once allowed diverse communities to develop their own laws and practices. With this week’s dictates from the high court it is clear that most of the justices do not believe in federalism or local government. This is no surprise considering that half the justices have an agenda and consider themselves above the Constitution and most of the others were educated in law schools that place supreme importance on precedence over the actual written law. So starting with bad precedence and an agenda in the early 20th Century and through a convoluted series of rulings using the 14th Amendment and supremacy clause in ways never intended by their authors, the Supreme Court has claimed for itself all the legislative power in the entire nation. We are now forever subject to whether more conservatives or more liberals are on the Supreme Court at any one moment in time to decide which types of laws every state will be permitted or restricted from having. This notion of one set of laws for every state as dictated by the federal government is not just opposite to our government structure as laid out in the Constitution, it is also the prime source of vicious divisions seen throughout the nation today because no values or ideology are permitted to survive in a localized region. Now the only way to get what you want is to defeat the other side at the national level and appoint your own biased judges who will tell those with different beliefs than you throughout the entire nation how they must live. These recent decisions by the dictators in black robes are more nails in the coffin of our revolutionary American form of government.
Eric Stamper, O.D.
Communications Director, Sumner United for Responsible Government