All American Patriots and others know by now that by the end of this week, the United States Senate will vote on the question of confirming Judge Neil Gorsuch as the next Associate Justice on the U.S. Supreme Court. No single action by either the Executive or Legislative Branch of American Federal Government is more important at this time in history, than this appointment to a seat on the Supreme Court.
Historically and Constitutionally, from both the intent of the Founding Fathers, as well as the traditional practice of nomination and appointments, of Justices to the Supreme Court, were essentially bipartisan in nature and based upon the merits and qualifications of the Justice-Elect, because until about 85-90 years ago, partisan politics played a minor role, as did public policy, in Supreme Court decisions. The justices based their decisions upon interpretation of the law and the Constitution via “Originalism”, which meant as the intent of the Constitution as written was intended, to protect “life, liberty and the pursuit of happiness” as stated in the Preamble.
However, tragically, since the 1930s and the Presidency of Franklin D. Roosevelt, the Supreme Court has gradually become strictly partisan, basing their decisions on public policy and the personal political leanings of the individual justices, the Presidents who nominated them and the Congress that confirmed them, viewing the Constitution as a “living document”. This is, in frightening reality, a mere euphemism for re-interpreting the section of the Constitution not as originally written and intended, but as interpreted currently to reflect the political agenda of the justices, individually and collectively, regarding legal issue being ruled upon. Distilled into a purely understood reality, the Constitution is twisted and contorted to fit whatever political agenda being pursued at any given moment.
Therefore, while the intent of the founders and the Originalism in our Constitution was for the Judicial Branch to be non-partisan, today’s reality, at least since the 1930s and to some extent since the 1850s, (Dred Scott, 1857) is that the Supreme Court is every bit as politicized as Congress and the Executive Branch. When that reality is coupled with the evolution since the late 1980s of an ever-increasing divide between Americans and the two political parties into no-holds-barred, uncompromising, polarized, sworn enemies rather than loyal opponents and the resulting death of bipartisanship, the appointment of key federal officials, both in the Executive Branch including Cabinet posts, as well as judges in the Federal Judiciary, are made strictly along party lines with partisanship and party discipline becoming the norm, and bipartisanship a mere anachronism.
During the first two years (2009-2010) of Barack Obama’s first term, Harry Reid in the Senate and Nancy Pelosi in the House, rammed partisan legislation through with a vengeance, including the notorious “Affordable Care Act” (Obamacare) without a single Democratic vote. In the Senate, Harry Reid and the Democrats invoked the “Nuclear Option”, reducing the number of votes to end debate, called “Cloture”, from 60 votes to 51 votes (simple majority) in a callously partisan move to ensure that liberal judges would be steamrolled into Federal Court Judgeships without extensive debate or bipartisan support when votes were called for. This action was taken despite two centuries of Senate rules and traditions requiring supermajorities of 60 votes (originally 67) to allow for virtually unlimited debate. This was a tradition that both parties in the Senate were proud to uphold and protect. By 2009, however, the presiding tyrant in the Presidency, Barack Obama, and the Presiding officer of the US Senate, Harry Reid, both Democrats, unilaterally and callously decided that “getting their way-liberals appointed for life to the Federal Bench-was far more important than any Senate traditions of bipartisanship and unlimited debate.
Do you think the 2nd Amendment will be destroyed by the Biden Administration?
Now, in the Spring of 2017, with Republicans in control of the Presidency and both Houses of Congress, the opportunistic and hypocritical Democrats have taken to hysteria and the “hue and cry” now, is that conveniently, Senate rules and traditions are suddenly more important than political agendas and getting substantive work accomplished in Congress. Simply put, the Democrats are desperate and fanatical in their hyper-partisan drive to block the nomination and confirmation of anyone to the Federal Bench much less the Supreme Court, of Neil Gorsuch or any conservative, originalist and Constitutionalist judge.
To use an old bromide, “the worm has turned”. The precedent set by Democrats in 2009-2010 by Garry Reid to invoke the “Nuclear Option”, thus terminating unlimited debate and Cloture to permanently end the filibusters and delaying tactics in the Senate to require the simple majority of 51 votes to pass any measure – must now be turned on the Democrats by the GOP now in full control.
The rapid path to destruction of the American experiment in a republican form of democratically representative government of, for and by the people, has been temporarily halted by the 2016 election of a Republican President and Republican majorities in Congress. Recent history has clearly demonstrated however, that a liberal majority on the Supreme Court has evolved into a fiercely partisan, tyrannical monster that will literally eat alive any conservative actions by the Executive or Legislative Branches that are challenged before the SCOTUS.
American is a nation divided against itself. Each political party is at war to destroy the other. Democrats are at war to destroy America, and Republicans and Conservatives are at war with Democrats to save America. Bipartisanship is dead. Politically speaking, the operative mode of Republican/Conservatives vs. Democrats/Socialists has become “kill or be killed”. The confirmation of Judge Neil Gorsuch to the open seat on the Supreme Court, thus restoring the solid 5-4 Conservative majority, is the signature issue today in saving America from the left-wing tyrants. Confirming Judge Gorsuch will almost certainly require the invoking of the “Nuclear Option” by the GOP-controlled Senate, thus ending the tradition of unlimited debate and filibustering. The vote will likely take place the evening of Friday, April 7, 207. Thus, to save America, the Senate must invoke the “Nuclear Option ” to confirm Judge Gorsuch with 51 votes, and that must be done now !
The opinions expressed in this commentary are solely those of the author and are not not necessarily either shared or endorsed by iPatriot.com.