Presidential Authority

We Are On The Way To The Most Reactionary Right Wing Supreme Court Since The 1930s

Ronald 1 Comment

In the 1930’s, Franklin D. Roosevelt had the most reactionary right wing Supreme Court, working to undermine the New Deal.

This led him to promote the so called “Court Packing Plan” in 1937, to add six new Justices for each one over 70, but the Congress, controlled by his own party, but having a strong Southern conservative contingent, promoted its defeat.

Now, eight decades later, America is on the brink of having the most reactionary right wing Court since then, with the nomination of Amy Coney Barrett by President Donald Trump.

Already, the Supreme Court has four Justices appointed by Presidents who lost the popular vote, and now they will have a majority, if Barrett is approved, which is likely.

And Barrett does not believe in the doctrine of “Stare Decisis”, the legal principle of determining points in litigation based upon earlier precedents.

Instead, she has very strong personally held beliefs, tied to her strong Catholic faith, and her involvement in a religious charismatic Christian group called “People of Praise”, which preaches that the man is the leader of the family over the wife.

This is very concerning, because she seems likely to wish to overturn many precedents and laws that have been upheld, in unison with others on the Court who have right wing views, including Clarence Thomas, Samuel Alito, and Brett Kavanaugh.

The reliability of Chief Justice John Roberts and Associate Justice Neil Gorsuch is uncertain, as both, and particularly, Roberts have surprised on some decisions.

So a potential 6-3 Court on many cases could end up 5-4 in favor of the right wing, or possibly 5-4 with the three liberal appointments on the Court, but it seems more likely that the possible so called “best” outcome is at least 5-4 conservative.

So that means the Affordable Care Act, coming up for review in November after the election, could be gutted.

Also in danger are cases involving women’s rights, abortion rights, gay rights, labor rights, religious issues favored by conservatives, voting rights, Presidential authority, environmental laws, consumer laws, and the overall regulatory state promoted since the New Deal of FDR and the Great Society of Lyndon B. Johnson, as well as agencies formed under Richard Nixon and later Presidents through Barack Obama.

So we are involved in a crisis constitutionally which could destroy much of what the federal government has done in the past century of American history, and all brought about by Justices appointed under questionable circumstances by Republicans who do not follow rules except when it favors them, and by Republican Presidents George W. Bush and Donald Trump, who failed to win the national popular vote, and by Justices who, in the case of Thomas and Kavanaugh had major issues with private behavior with women.

And with Justice Stephen Breyer being 82, and Justice Sonia Sotomayor having issues with her health (diabetes), two of the three liberals on the Court could be replaced if Donald Trump or a future Republican President gains the opportunity!

Presidential Power Growing: Inevitable Trend Unless Ron Paul Somehow Were To Win White House!

Ronald 2 Comments

One of the key criticisms of American government has always been the growing power of the Presidential office.

But what it really comes down to is NOT the issue of Presidential authority per se, but rather the ideology and goals of the particular President.

Many have been condemnatory of Barack Obama for using his powers to employ drones against enemy combatants; allowing the killing of an American citizen (Anwar Al Awlaki) by missile strike for terrorist activities; increasing the number of Presidential aides in the White House; changing social policy by executive order; using signing statements to express reservations on bills passed by Congress; extending the Patriot Act and expanding the authority of the US government to monitor its citizens and arrest them; and employing US troops overseas without Congressional authority with his authority as Commander in Chief.

But except for Ron Paul, all of the Republicans competing for the Presidential nomination would use the same strategies and tactics, but maybe in a way that many who support Barack Obama would not approve.

The office of the Presidency has been growing in power by leaps and bounds for a century now, starting with Theodore Roosevelt and Woodrow Wilson, and expanding greatly starting with the Great Depression and World War II under Franklin D. Roosevelt, the Cold War under Harry Truman and all of his successors, and then the War on Terror from Bill Clinton on to Barack Obama.

Nothing in reality is going to stop this trend, and the Supreme Court itself has rarely stepped in to limit executive authority, and this perfectly demonstrates that the Constitution has been widened in its meaning, even by so called “conservative” Supreme Court Justices who have no problem with the expansion of federal executive authority.

So instead of limited government, all of the GOP candidates except Ron Paul, believe in expansive government when it comes to executive authority.

The idea of limiting Presidential authority is just that, an idea. The key issue is not that, but who to TRUST with that authority, so as not to undermine our American system of government!