Justin Smith makes an excellent case for President Trump to nominate a Pro-Life and Constitutional Originalist to SCOTUS. Justin specifically posits the nomination to be Appellate Justice Amy Coney Barrett.
Choose Pro-Life for Justice Kennedy's Replacement
By Justin O. Smith
Sent 7/8/2018 8:41 PM
Under our God-given rights, Our Founders saw the law as a tool to preserve liberty and freedom for all, through the Western and Judeo-Christian principles and virtues that made the U.S. Constitution and our bicameral system possible. They did not see liberty under the law as anybody's right to do anything, regardless of its reprehensible nature, and they certainly never intended to place America on a path where evil is called "good", as the nation witnessed with the Supreme Court's ruling on Roe v Wade. The Court was never supposed to be the final arbiter of law, becoming a tyrannical entity that seemingly answers to no one and places itself above all.
In this sense and in conjunction with Justice Anthony Kennedy's impending retirement, President Trump is wrong not to question potential Supreme Court nominees regarding their position on Roe v Wade and whether or not they would overturn it, if given the opportunity. Any reluctance to do so is from a political concern and ignores the fact that Roe v Wade was given the force of de facto law by a Supreme Court that enforced its will and did not judge the case on any actual constitution basis, since the so-called "right" to abortion did not exist in the Constitution and they manufactured it out of thin air.
President Trump suggested that it somehow wouldn't be "appropriate" to question his nominees on this. So, is murdering over 60 million unborn children since 1973 appropriate?
Senator Susan Collins (R-Maine), an overt progressive, stated that she could not support any candidate who might be willing to overturn the despicable Roe v Wade Supreme Court ruling. She suggested that many years of "precedents" must somehow be viewed as "set law" as she parroted Democrat talking points and the likes of progressive Democrat activist Justices, such as Sonia Sotomayor and Elena Kagan.
What about the hundreds of years of precedents that upheld the sanctity of life and protected life well prior to Roe V Wade?
Any person who views overturning the activist decision of Roe v Wade as a "big mistake is essentially willing to usurp an unborn child's right to "life, liberty and the pursuit of happiness". They are either horribly ignorant or terribly callous in turning a blind-eye to the murder of a human person, committed in each abortion; but in either case, they are taking the position that protecting innocent life is not a moral good.
If Supreme Court precedents are set law, why isn't Plessy v Ferguson and Lum v Rice still the law of the land? If these cases had not been overturned, America would still have segregation under the "law". These were overturned by a later Court, because the Supreme Court is fallible.
However, ever since Marbury v Madison (1803) and the Court's assumption that it was the primary interpreter of the Constitution, America has seen the Supreme Court define its own power, and increasingly and regularly, America has seen the Supreme Court usurp power and act as if it is dominant over Congress and the Office of the President, which is contrary to the Founders' Original Intent. Marbury has been cited by the Court to invalidate laws in over 200 cases, even though Marbury v Madison does not contain any actual assertion that the Court has exclusive authority to bind other parts of government.
Thomas Paine, one of our Founders, once noted, "All power exercised over a nation ... must be either delegated, or assumed ... All delegated power is trust, and all assumed power is usurpation."
The rights Thomas Jefferson lists in the Declaration of Independence are certainly open to interpretation, but according to our Founders, their metaphysical basis, found in nature itself, is not. However, activist Justices have now long impressed their notions of what they believe the Constitution should say, upon all America. As a result, America was handed rulings that removed prayer and the Ten Commandments from schools, pornography on demand, abortion and homosexual "marriage".
Some call retiring Justice Kennedy a "moderate" because he voted along conservative lines fifty-seven percent of the time, but how anyone reaches this conclusion is disturbing, especially once one looks at some major cases. Kennedy voted too often to advance the deviant and perverted homosexual agenda in America, although this segment of society represents only a mere 3 to 4 percent of the population. Kennedy knocked down Texas's sodomy laws, the upheld Roe v Wade twice and he voted in favor of homosexual "marriage", aiding in making a mockery of traditional marriage and the only true meaning of marriage -- the union between one man and one woman in Holy Matrimony before God. This is not a "conservative" or a "moderate".
By the time this is released, Pres. Trump will have made his pick for the Supreme Court. Let us all pray that he chooses Amy Coney Barrett, the 46 year old Justice of the Seventh Circuit Court of Appeals, who is a pro-life Catholic mother of seven and a strong Constitutionalist. Ms. Barrett was also awarded the top student award from Notre Dame Law School in 1997.
President Trump cannot deny, that these illiberal anti-Constitution proponents of abortion stand firmly opposed to the conservative philosophy, which is the protector of America's founding ideas, those ideas of life and liberty so many American patriots have died defending. As such, President Trump and Congress should unabashedly state that they will move to place a pro-life nominee on the Supreme Court, such as Amy Barrett, because modern Justices no longer seem capable of just determining the constitutionality of any particular law, in accordance with the Founders' Original Intent; rather, they seek to wield the Supreme Court like a club to meet the demands of whatever political agenda at hand at any given moment, during a time that the anti-Constitution progressive Democrats have certainly made no secret that defending baby murder is an integral part of their fight to accept or reject any candidate for the Supreme Court.
As Christians, we are bound to speak for those who cannot speak for themselves and to reject the lies and the evil of an abortion industry that murders the image of God approximately 1.5 million times a year in America. No one should ever call such a heinous crime a "right".
And in the meantime, America must put forth the necessary effort and work to reign in an out-of-control Supreme Court, as the admonishment and prophesy of Brutus, one of the great anti-Federalists guiding the Constitution's ratification debate, has become our present-day reality: "The Supreme Court under this Constitution would be exalted above all other power in the government, and subject to no controul ... There is no power above them, to controul any of their decisions. There is no authority that can remove them, and they cannot be controuled by the laws of the legislature. In short, they are independent of the people, of the legislature, and of every power under Heaven. Men placed in this situation will generally soon feel themselves independent of Heaven itself.” [Italic bold by Editor]
America must stop un-elected Supreme Court Justices from arbitrarily exercising power over the entire nation, our federal and state governments, in a manner that abrogates part of the Constitution itself, as it sets forth to define good and evil from the high court. And America must stop the reprehensible abortion industry and overturn Roe v Wade, and right the historic wrong that has perpetrated the worst mass murder in history, upon a nation that purportedly seeks to be blessed by God.
By Justin O. Smith
Edited by John R. Houk
All source links as well as text embraced by brackets are by the Editor.
© Justin O. Smith