Appoint a Justice – Don’t Appoint One – What’s the Hurry?

by: the Common Constitutionalist

The upcoming presidential election is being hailed as the most important in our lifetimes – possibly in the history of this nation.

We always hear this type of thing every election cycle. This time however, the claim is absolute due to the recent passing of Justice Scalia and the subsequent tipping point in the balance of power of the supreme Court.

So I agree with those who claim that we will lose our country – we lose our Constitutional rights and liberties should just one more liberal justice be appointed. For this reason, it is imperative that the Senate leadership not even allow hearings, much less a vote on whomever Obama nominates.

The Senate leadership must understand that literally anything can happen should they allow an Obama nominee to come to a vote. There are simply too many spineless Republican Senators to take that chance. Short of an Article V Conventions of States, there would be no correcting the wrong outcome.

Many have pointed to the history of lame-duck appointments, giving deference to the next Executive – that it hasn’t been done in many decades. But historical precedent aside, Obama has every right under the Constitution to nominate someone, anyone to the court. The interesting thing is that if one reads Article II, Section 2, clause 2, the founders clearly did not make a fuss over the process. It was not some Earth-shattering event, but merely included in the several duties of the President. read more

Podcast – Supreme Courts Freezes EPA Clean Power Plan – Free Form Politics

In this week’s episode I discuss another razor-thin, 5-4 Supreme Court decision to freeze Obama’s Clean Power Plan while they decide if it is legal to ruin what’s left of the coal industry and further reduce greenhouse gasses.

In the Free Form Politics segment I go noteless and just speak extemporaneously about the candidates, who’s courting whom, who’s dissing whom, and why the supporters of one candidate are different from the rest. read more

With The Supreme Court in the Balance – This Election is No Joke

by: the Common Constitutionalist

It’s on to South Carolina. Yes, the presidential primary, which has been dragging on since the day after Obama was elected to his second term, is finally in full swing. All the candidates are jockeying for position – all the nonsense we’ve had to endure is finally coming into view.

And now with the recent exit of two more on the Republican side, Christie and Fiorina, we are down to a much more reasonable six candidates. Its actually only five – Carson is out – he just hasn’t announced it yet. Oh, I almost forgot Jim Gilmore. He may a force going forward. After all, he did garner 125 votes in the New Hampshire primary, although that was about half the 240 votes that Vermin Supreme received on the democrat side. But what democrat wouldn’t vote for a guy who looks like a Viking and wears a boot on his head. Sounds like a mainstream democrat, or a college professor.

On the democrat side the race has and will continue to be focused on who can give away more of our money to those who have not earned it or are otherwise undeserving. On the right, the issues are a bit more diverse, or at least more defined.

Our candidates quibble over their varying views on Obamacare, immigration, taxes and spending. Yet something has gone virtually unmentioned throughout this campaign. We haven’t heard it out on the stump (much) and the debates appear bereft of questions from the moderators. I am speaking of the black-robed 800 lb. Gorillas in the room – the Supreme Court. read more

Podcast – Justice Scalia is a Racist – Democrats Support Refugee Resettlement – A Ramadan Christmas

In this episode I discuss Supreme Court Justice Antonin Scalia’s disagreement to affirmative action as a method of college admission. He argues that is it actually detrimental to black students – which makes him a racist.

Democrats support refugee resettlement from a fictional Middle Eastern city. What a bunch of rubes!

Yes, it’s a Ramadan Christmas, at least it was for those at Blaine High School in Minnesota, where a choir teacher made the children perform a song about Ramadan at the Christmas concert. read more

Podcast – The House Freedom Caucus Holds America Hostage – Ben Carsons Holocaust Remarks – Hitler Hits the Streets in Germany

by: the Common Constitutionalist

In this episode, Representative Trent Franks (R-AZ) defends the 40 member evil right-wing House Freedom Caucus that, according to left, is holding the nation hostage with their extremist views and refusal to “compromise.” Ben Carson defends his position on the Holocaust – how armed Jews may have possibly diminished Hitler’s grand plan of extermination, and Adolf Hitler is back and wandering the streets of Germany, much to delight of some. read more

Ted Cruz – The 21st Century Thomas Jefferson

by: the Common Constitutionalist

I think it was the late Sen. Arlen Specter who said, I didn’t leave the Republican Party – the Republican Party left me. Well, Arlen was wrong – he abandoned his principles and left the Republican Party. And that’s saying something, considering the state of the Republican Party.

Anyway, after Ted Cruz proposed retention elections for the Supreme Court, some big-time lawyers have come out against him, effectively saying that Cruz has gone off the reservation. To this I say, Ted Cruz didn’t leave the Supreme Court – the Supreme Court left him – and all of us.

That well-known right-wing journal, Salon.com , writes that, “Conservative attorney and prominent gay rights activist Ted Olson took a swipe at Republican presidential candidate Ted Cruz, saying the freshman senator had abandoned a fundamental understanding of the Constitution suggested a constitutional amendment barring same-sex marriage in the wake of the recent Supreme Court decision in favor of marriage equality.”

First: How can anyone be a “conservative attorney” and a “gay rights activist” at the same time? Second: how is proposing an amendment “abandoning a fundamental understanding of the Constitution?” Isn’t that what the amendment process is for? Is that not supposed to be one of only two ways to modify the Constitution?

Meanwhile, the Washington Post weighed in saying that Cruz should know better, being that, “Sen. Ted Cruz spent his years at Harvard Law school working to secure a Supreme Court clerkship and then made his name as a lawyer by arguing in front of the body nine times.”

They go on to accuse Cruz of suggesting such a thing is just a way of “seeking support from the right wing of his party.” Well that’s funny, because Ted Cruz is the right wing of the party! read more

Will a Trans Military Satisfy the Left?

by: the Common Constitutionalist

The left will never be satisfied. No matter how many times conservatives, the religious, and others compromised, hoping this will finally satisfy the left, it will never be enough.

The radical left, a tiny but obnoxiously loud minority is now evidently dictating policy for the entire country. And as I stated – no matter how much we give them, it will never be enough.

Now that homosexuals have been given the right to wed countrywide by five of the nine Olympians, I’m sure many on the right thought to themselves – well – glad that’s over with. At least we don’t have to fight over that anymore. Maybe the left will finally take a break and let us be for a while. Well – think again.

Right on cue, as if some wacky leftist think tank has a check list of demands, and they’re just ticking them off one by one, the issue of transgenders in the military is popping up again.

Homosexuals in the military. Repeal don’t ask don’t tell – check.

Homosexual marriage in all 50 states and the known galaxies – check. read more

Podcast – The Runaway Supreme Court – Everything Confederate Must Go

In this episode I discuss the ultimate authority of a runaway judiciary – the Supreme Court and how they now believe they have the full authority to legislate from the bench – rewrite laws. It all goes back to Marbury v Madison – judicial review. Thomas Jefferson had a few choice words on that. And everything Confederate must go. It’s a Confederate moving sale and it’s all being moved to dustbin of history. read more

Obamacare Is Saved Again – Next up – Crony Corporatism

by: the Common Constitutionalist

The ruling is in and the debates have begun. It’s a great day for the left. It’s a great day for both parties. Democrats got what they wanted and Republicans now do not have to legislate. It’s a win-win.

But at least some on the right aren’t happy. Judge Andrew Napolitano’s reaction on Fox News  was stunned amazement. “What [Roberts] did was to suggest that plain, ordinary English words, which are not ambiguous in their meaning, somehow to six of the justices in the majority are ambiguous and therefore they can interpret them however they want,” said Napolitano.

“If they had followed the law, this would’ve been a very simple case. The language in the statute was very clear – and if they had interpreted the language the way it was written, the government would have lost,” said Heritage Foundations  Hans von Spakovsky.

Twila Brase of the Citizens Council for Health Freedom said that “Without the rule of law, it becomes the rule of power – all up to interpretation. Claims of intent and outside interpretations of intent will now rule, not the actual words written in the law. When we start allowing the loose interpretation of law based on after-the-fact claims of intent, the foundation of the rule of law crumbles.”

There are many more losers than winners that will come from this decision. Obviously we conservatives, who have been warning of the pitfalls lost. The American people are huge losers as they will see care decline and prices skyrocket. The rule of law lost and certainly the Constitution. We voters also lost, for its apparent that no other branch of government will stand up and challenge the black robed oligarchs. read more

A New FHA – The Federal Hiring Administration

by: the Common Constitutionalist

You may have heard about the 8-1 Supreme Court decision regarding a discrimination lawsuit brought by the federal Equal Employment Opportunity Commission (EEOC) on behalf of Samantha Elauf against Abercrombie and Fitch stores.

Ms. Elauf is a Muslim who wears a Hijab, a black headscarf, which A & F said would clash with the companies “Look Policy,” and thus did not hire her.

In 2013 the retailer confirmed to Business Insider  that it doesn’t sell black clothing and “discourages its employees from wearing black.” It’s evidently well-known throughout A & F that CEO Michael Jeffries doesn’t care for black.

“Mike hates the color, and so we’re not supposed to wear it at work,” an anonymous employee told Business Insider.

A statement provided by the company read: “Abercrombie & Fitch does not sell black clothing and discourages wearing it at our home office and in our stores, because we are a casual lifestyle brand and feel black clothing is formal. We have nothing against black clothing and feel it is perfectly appropriate for things like tuxedos.”

Yesterday, the New York Times  reported that “Justice Scalia, writing for seven justices, said Ms. Elauf did not have to make a specific request for a religious accommodation to obtain relief under Title VII of the Civil Rights Act of 1964, which prohibits religious discrimination in hiring.” read more