June 9, 2018 By James Arlandson
When Socrates appeared before the jury of Athens, he said he was not used to the specialized idioms and restrictive language of the court; he was a stranger there.
In that spirit, let's look at Roe as outsiders. Maybe we can see flaws that the professionals don't or won't.
The first point shows the weakness in our Constitution itself..........1. Article Three (Judicial) overrode Article One (Legislative).
State legislatures (in the Roe case, it was Texas) said no to abortion, and these laws were not unreasonable or unjust in themselves. They stood for long time. But Blackmun said they were indeed unconstitutional. Why the power-grab? In Marbury v. Madison (1803), for the first time, SCOTUS gave itself permission to review legislation that the justices deemed unconstitutional. Now who can stop an aggressive left-wing judiciary that wishes to revolutionize and overturn laws it does not like?
..........Unfortunately, the only solution is political. People must elect politicians who will nominate or vote for judges and justices who respect Article One and the entire Constitution in its original context – who will let its silence stand...........Read more