It was sad to hear about the passing of the honorable Justice Antonin Scalia this past weekend. He was a man who held firm to his beliefs, the beliefs that America was the solution not the problem, the beliefs every Republican should abide by. He believed in a Constitutional Republic, and his views were deemed as outdated and ancient by some, and many on the left reveled in his passing. I’m not talking politicians, I’m talking citizens; the lefties in Washington gave canned speeches that would be generic if they were to give a speech about someone they don’t know, but the left leaning socialists-in-disguise went no-holds-bar in giving people a piece of their mind (in 140 characters).
Some of my favorite ones involve Justice Clarence Thomas, where people wonder what Mr. Thomas is going to do when judging a case now that his “owner” was dead. These people were pretty much saying this whole time, Thomas and Scalia were on the same team because Scalia was controlling him, brainwashing, calling Thomas a brain washed, brain dead hack of a judge because you aren’t allowed to be any race except white to be Republican, let alone be a black conservative Justice on the Supreme Court (side note: this is just more evidence that any black american who believes anything different than what is being sold on the liberal plantation has no right to have a voice, is stupid, wrong in everything they say, are a disgrace, etc. yet we conservatives are the racists). Never mind that Clarence Thomas is one of the smartest and knowledgeable constitutional minds, favoring the 2nd and 10th amendments to secure American liberties from the government, all of this was because of Scalia. Thomas apparently can’t have opinions on his own without the white man telling him what to do. Isn’t that the most racist thing you can hear for the party who claims to be in defense of minorities?
Anyway, Justice Scalia was one who truly believed in the separation of powers between the executive, legislative, and judicial branches, almost akin to Chief Justices Marshall and Taney. Regardless of their personal opinions and views, one thing was for certain: they believed that the Constitution and Bill of Rights were the contract of the United States. With an ever changing society, the Constitution did not change for it was the law of the land. Any other legal document in the country had to be followed explicitly without consequence dictating what needs to be done; the legal document remains the same, and the court system, and the Supreme Court especially, needs to uphold the words in the document, not waver with public opinion. And if average citizens looked in the Constitution, you what see what powers are enumerated to each branch of government and what is given by default to the states. Not only did Scalia and Thomas especially believe in the separation of power, but they also believed in the power of the states. That goes with believing the Constitution for what it says.
In regards to healthcare, gay marriage, guns, and every other thing that is controversial and not anywhere in the enumerated powers of the feds, Scalia had a blanket response, that the Court should be upholding the integrity of the Constitution and go by that, not emotion, not by the times, not by the people, because the courts don’t make laws, only interpret whats there. If Congress were to pass a law banning gay marriage, for example, it would likely be seen by the Supreme Court in its constitutionality. It would likely be said that Congress does not have the power to pass such a law because nowhere in Article 1 Section 8 does it say Congress has the power to do so. This, along with guns and healthcare, would be left to the states and their legislatures and executive to decide what to do.
Another thing that Scalia believed in, to take it further, is the security of the constitutional REPUBLIC that this country was founded as. We’ve moved to a proclaimed democracy, and I’ve said this before, democracy is very different from a republican form of government. It says in Article 4 Section 4 in regards to the States being admitted into the Union with a Republican form of Government, and if all the states were to be run by a republican government (not the political faction, the governing system), then by default, the Federal Government would serve as a collective Republican government, where Congress was made of ordinary people from those states who have knowledge of the government and don’t require a law degree of PAC money or foreign donations (Hillary) to get in, and that the people would truly run the government.
Scalia was a strong conservative voice, but a logically based one with the Constitution in a court that was evenly divided. His void will be hard to fill, and with the impending recess appointment looming over the Senate, Obama might get to turn the tide in favor of his socialist policies, making the Supreme Court no more bipartisan than Congress (that statement would hold more weight is Republicans in both houses held campaign promises in 2010 to act as opposition to Obama).
Rest in peace, Justice. You and your constitutional mind will be missed greatly.