Just a note about today's Supreme Court ruling on Obamacare. Apart from the disastrous affect the law itself will have on the nation, this ruling is just one more example of what I have been trying to point out in recent posts and that is this: The Constitution is not the authority in America any more, the Supreme Court is. To review:
- Article VI of the Constitution states, "This Constitution shall be the supreme law of the land."
- Up until 1947 the courts ruled on matters of constitutionality by the guiding principle of the original intent of the Framers of the document. (Many rulings were 9-0 when this was the case.)
- In 1947, in the case of Everson v Board of Education, the court rejected that practice and ruled based on legal precedent. Trouble was there was no precedent for their ruling so their ruling established the precedent. (Ever since Everson, a 5-4 ruling, almost all rulings are now 5-4, illustrating how the court does not consider itself to be under the authority the Constitution.)
- In effect, from Everson on, the Constitution has not been the supreme law of the land, the Court has.
Richard Cochran, President
Macon County Patriots
June 28, 2012
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