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Are you a voter?

This may be the most important mid-term general election in America’s history.  Why this one?  In 234 years there have many, many very important elections.  But THIS one–this one–will either upset the balance of power in the U.S. Senate or it will give one party continued control.  One thing is for certain: if you are not a voter then you have no reason to complain after November 9th, 2010.

Have you given thought to the importance of the President of the United States of America nominating a citizen to be a justice on the U.S. Supreme Court and if that citizen is confirmed by the  U.S. Senate, what that would mean to your future?  The mix of justices in 234 years has given us citizens a roller coaster ride of decisions.   Whether you know them or not, the decisions made by the High Court impact your life.  Here is an example from 1793. 

Facts of the Case from: 

In 1777, the Executive Council of Georgia authorized the purchase of needed supplies from a South Carolina businessman. After receiving the supplies, Georgia did not deliver payments as promised. After the merchant’s death, the executor of his estate, Alexander Chisholm, took the case to court in an attempt to collect from the state. Georgia maintained that it was a sovereign state not subject to the authority of the federal courts.

Question: 

Was the state of Georgia subject to the jurisdiction of the Supreme Court and the federal government?

Conclusion: 

In a 4-to-1 decision, the justices held that “the people of the United States” intended to bind the states by the legislative, executive, and judicial powers of the national government. The Court held that supreme or sovereign power was retained by citizens themselves, not by the “artificial person” of the State of Georgia. The Constitution made clear that controversies between individual states and citizens of other states were under the jurisdiction of federal courts. State conduct was subject to judicial review.

Does this case have a familiar basis to it?  Did you hear something about state’s rights recently?  If you were watching television, reading newspapers or national magazines you should recognize it .  The week of July 25, 2010 was the target week for the State of Arizona’s  recently-passed SB1070.  It was to go into effect regarding illegal immigrants in the state and the state’s right to stop individuals to check their identification papers or cards.  Arizona’s Governor Jan Brewer defied the Federal government’s lawsuit against the bill and the case went to a lower court for argument.  The judge of the lower court disallowed certain important points of the bill and thus stopped it from being implemented.  The Fourth and Fourteenth Amendments to the Constitution are in contention which guarantee against unwarranted searches and seizures and rights to due process. 

The case eventually will be heard by the  U.S. Supreme Court because Arizona’s legislature and governor said they are above the Federal law.   When the High Court reconvenes in September there should be another new justice seated: Elena Kagan.  She and Justice Sonia Sotomayor have been nominated by President Barack Obama in the past year.  Justice Sotomayor was confirmed by the U.S. Senate and took her place on the court.  In a week or so , the U.S. Senate is expected to confirm Ms. Kagan’s nomination, who is the current Solicitor General of the United States, with only one Democrat voting against her along with nearly all of the Republicans.

Whether or not you like President Obama or approve of his administration, the U.S. Constitution reserved the right for the president to nominate a citizen to a life term appointment as a justice on the U.S. Supreme Court.  If another opening should happen in the next two years, President Obama will have the third opportunity to nominate and appoint a citizen to the high bench.  That is why the balance of power in the Senate is so important.

My book, “Democracy Vs. Theocracy: The President and The Senate Will Decide YOUR FUTURE”, documents statements and cases from citizens who would create a theocracy if given the chance, and they could do it through the Supreme Court.  Some states have used their legislatures to undermine and gut the Supreme Court’s decision for Roe Vs. Wade.  This was the decision to guarantee a woman’s control over her own body.  If you don’t know about that case please check it with the website ” The Oyez Project”.

The point of all this discussion is to inform you, the voter, and to encourage you to maintain a fair and balanced Supreme Court.  When President George W. Bush made two appointments they were to men of a more conservative bent.  Recent cases have been decided in favor of corporations and against individual citizens by 5-4 decisions.  Check the Supreme Court decided cases for 2009 and 2010 for yourself.

As I said, THIS is a very important mid-term election.

8:38 pm | Posted in Constitution,Democracy,Vote | Read More »

Democracy vs. Theocracy

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