Beat Harry Reid In Nevada In 2010

By Bill Parson
BeatReid.com
Wednesday, August 5, 2009

In a recent Talk Radio appearance on Steve Sanson’s program, there was discussion whether the Supreme Court has the final say on their rulings. I stated that if the Congress (House and Senate) develops a backbone, they can overturn a specific Supreme Court decision. Disagreement on this point was heatedly expressed by the co-host Ronda Baldwin, who stated no such provision appears in the Constitution. Given the dynamics and rapid fire pointed nature of their program, I was unable to cite the pertinent section and wording in the Constitution. This short article is provided as a follow-up on that issue.

I personally believe that our Constitution is a divinely inspired document, and that in its development, our Founding Fathers were players in a unique historical nexus of thought, intellect, personal sacrifice, and insight into the natural state of freedom. For my Libertarian, Deist, Agnostic, and Atheist friends and supporters, please keep in mind that personal religious beliefs, practices, and freedoms (including yours) are protected by the Constitution. I believe there is no harm in citing my personal belief here.  Throughout the difficult and highly contentious process of developing our U.S. Constitution, there was the constant knowledge and belief that any and all governments will devolve and become oppressive over time without adequate controls.  They implemented checks and balances within the Constitution to preclude any of the three branches of the U.S. government (Executive, Legislative, and Judicial) from becoming too powerful.

Our populace has been misled over the last fifty years into the false perception that nine men and women dressed in black robes have the final say in all matters once they have ruled and only the U.S. Supreme Court can overturn one of their own decisions. However, in the past, Congress has passed revised legislation avoiding areas the Supreme Court ruled as unconstitutional. Conventional legal wisdom advocates this is the only recourse and it is subject to the ultimate determination of the U.S. Supreme Court, who without a change in membership, would simply create a perpetual loop where the issue remains as ruled on by the Court.

In reality, our Founding Fathers were far more insightful than many in today’s society will acknowledge.  The U.S. Constitution provides Congress the power to exempt or limit appellate review by the U.S. Supreme Court, or any of the lower Courts. This will be a shocking revelation to most Americans.  This revelation can be found in the U.S. Constitution, Article III, Section 2, Paragraph 2.   The last twelve words of this short paragraph grants Congress the ability to exercise additional control over the U.S. Supreme Court when absolutely necessary, provided they develop the collective backbone to do so.  It reads:

“In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.”

(Bold & underline do not appear in the U.S. Constitution, inserted here for emphasis)

The Congress could choose under unique circumstances (and it has the Constitutional authority as indicated above) to create a unique and defined specific “Exception” that removes or limits the U.S. Supreme Court and lower appellate court review on specific legislation. In occurrences where this should occur, the checks and balances envisioned by our Founding Fathers do not disappear. These checks and balances revert to “We the People” where the federal government’s power is derived. A proactive citizenry has the ability to overturn unwise Congressional “Exceptions” through interaction with their elected officials, and if necessary by replacing House and Senate members through the election process.

I personally prefer to avoid such drastic constitutional measures by creating the conditions for a return to State Sovereignty with the federal government relinquishing the power it has usurped from the individual States and “We the People.  I am not naïve, and I recognize that rarely do people willingly relinquish power, particularly politicians and bureaucracies. Our nation is at a nexus similar to the Founding Fathers. As citizens, we can chose to continue down a path of ever increasing levels of socialism and the ultimate collapse of our country, or we can restore State Sovereignty and the rights of the individual citizen by replacing House and Senate members who are taking us down the path of socialism. Our Founding Fathers had the vision to give us the U.S. Constitution, Article III, Section 2, Paragraph 2 which can be used if needed to achieve this goal and overcome an activist judiciary.

Bill Parson http://www.parsonforsenate2010.com/

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