October 13, 2018
Can Trumpism Conquer Democrat Judicial Activism?
By Rich Logis
A
https://www.americanthinker.com/art...mpism_conquer_democrat_judicial_activism.html
Here's what the opposition to Kavanaugh was really about: the Democrats lost over 1,000 state and national seats to Republicans under President Obama's two terms, with 900 of those on the state level. State losses are particularly detrimental to Democrats because national candidates often come from state legislatures.
As evidenced by all the social media footage last week of Kavanaugh protesters, useful idiocy is at an American all-time high. The Democrat politicians aren't quite as dumb; they know that the majority of Americans in the majority of states do not want their politics, as was confirmed by how red the 2016 national electoral map was.
So what have the Democrats always heavily relied on to impose their politics upon people who will not voluntarily vote to implement those policies? The courts, at all levels, with activist judges who legislate from their benches.
With Kavanaugh's confirmation, the Democrats know that the Supreme Court is likely lost for generations. Exacerbating this problem for the Democrats is President Trump's and the GOP-majority Senate's record-breaking pace of confirming federal judges: thus far, 26 judges to the United States Courts of Appeals and 41 judges to the United States District Courts, with another 10 nominees pending confirmation to the Court of Appeals and 60 to the District Courts.
Let's review: the majority of Americans in the majority of states don't want the Democrats' politics, and their method for imposing politics upon people who don't want them (the courts and judicial activists) are getting reformed to the kinds of courts our Founders envisioned: originalist courts that interpret law rather than make law.
Originalist, Not Conservative
I don't use the term "conservative" Supreme Court; the Supreme Court is not a political body. The correct term to describe our current Supreme Court is originalist.
Our Founders clearly intended that the Supreme Court (and all levels of courts, for that matter) have judges and justices who construe law based on the intent and text of the Constitution and other legal statutes. The new Roberts Court will have him, Kavanaugh, Thomas, Alito, and Gorsuch as originalist justices. Although Roberts may, from time to time, differ with his four originalist colleagues, don't expect him to be as unpredictable as retired Justice Anthony Kennedy.
Ginsburg, Breyer, Sotomayor, and Kagan will remain the judicial activists on the Supreme Court, who believe that our Constitution is a "living and breathing" legal contract, which should be interpreted solely on the basis of the modern times. This is a concept of legal tyranny that our Founders were clearly against, which is why they inserted a mechanism for amendment and crafted the 9th and 10th Amendments – the unenumerated rights and states' rights amendments, respectively.
If the Democrats are this loony over Kavanaugh's confirmation, just wait until they read his SCOTUS rulings and opinions.
Kavanaugh Postscript: The Midterms
The Democrats who voted nay on Kavanaugh had made up their minds the day Trump nominated him. Had Kavanaugh been a black, atheist, immigrant, gay, cultural Muslim constitutional originalist, the Democrats would have opposed him. Had Kavanaugh been the nominee last year, rather than Justice Neil Gorsuch, my instincts tell me that Kavanaugh would have been opposed by the Democrats, but they wouldn't have created a faux scandal. The "Gorsuch wasn't accused of rape, but Kavanaugh was; therefore, Kavanaugh is guilty" tactic was an age-old gaslighting play from the Democrats' and DMIC playbook. The Democrats know that Kavanaugh and the other four originalist justices will significantly weaken their stranglehold on the courts.
Maybe the Senate should just do away with Supreme Court nomination hearings. Democrats prattled on for weeks about how the hearings were a "job interview," so eliminate the hearings, require nominees to meet with all 100 Senators, and voila, you've got 100 job interviews, along with the nominee's judicial record. Then hold a vote, and spare the nation the mockery we just witnessed, in which California senator Cuckoo Kamala Harris and New Jersey senator Cory Booker, whose claim to fame was interrogating Mike Pompeo about sodomy during his secretary of state confirmation hearings, exploited the hearings as a focus group for a 2020 presidential run.
People make decisions on fear and greed. America First, Republican, conservative, and right-leaning independents need to approach the midterms next month with a greed mindset (if you prefer fear, fine, but just vote!). We can't rest on our laurels, and we can never take anything for granted. As General George Patton once said, no one ever successfully defended anything; there's only attack, attack, and attack some more.
The GOP majority in Congress, especially in the Senate, is slim. And there are always Tessio Republicans, who betray their voters the way Sal Tessio betrayed the Corleone family in The Godfather, who make the slim majority even slimmer. Case in point: Alaska's Sen. Lisa Murkowski, who called Kavanaugh a "good man" – twice! – and gave no good reason why he wasn't the right man for the job.
The best friends to the Democrats are eligible voting-age Americans who don't vote; furthermore, there are no longer reliably red states. Conservatives should vote as though a blue wave is inevitable. The America First and Democrat sides are both emboldened and motivated.
Every congressional House seat has an election next month, and there are several crucial Senate elections: in Florida, Texas, Tennessee, Montana, Missouri, and Pennsylvania, among others.
The bad news is that, historically, the president's party loses its House majority in his first midterm. The good news is, the Republican Party is showing a fighting spirit, thanks to McConnell and South Carolina senator Lindsey Graham.
Which side will win out? In under four weeks, we'll know. Another thing I know is this: if the GOP retains the House and Senate, it will prove that America First Trumpism is bulletproof.
Rich Logis is host of The Rich Logis Show, at TheRichLogisShow.com, and author of the upcoming book 10 Warning Signs Your Child Is Becoming a Democrat. He can be found on Twitter at @RichLogis.
Can Trumpism Conquer Democrat Judicial Activism?
By Rich Logis
A
https://www.americanthinker.com/art...mpism_conquer_democrat_judicial_activism.html
Here's what the opposition to Kavanaugh was really about: the Democrats lost over 1,000 state and national seats to Republicans under President Obama's two terms, with 900 of those on the state level. State losses are particularly detrimental to Democrats because national candidates often come from state legislatures.
As evidenced by all the social media footage last week of Kavanaugh protesters, useful idiocy is at an American all-time high. The Democrat politicians aren't quite as dumb; they know that the majority of Americans in the majority of states do not want their politics, as was confirmed by how red the 2016 national electoral map was.
So what have the Democrats always heavily relied on to impose their politics upon people who will not voluntarily vote to implement those policies? The courts, at all levels, with activist judges who legislate from their benches.
With Kavanaugh's confirmation, the Democrats know that the Supreme Court is likely lost for generations. Exacerbating this problem for the Democrats is President Trump's and the GOP-majority Senate's record-breaking pace of confirming federal judges: thus far, 26 judges to the United States Courts of Appeals and 41 judges to the United States District Courts, with another 10 nominees pending confirmation to the Court of Appeals and 60 to the District Courts.
Let's review: the majority of Americans in the majority of states don't want the Democrats' politics, and their method for imposing politics upon people who don't want them (the courts and judicial activists) are getting reformed to the kinds of courts our Founders envisioned: originalist courts that interpret law rather than make law.
Originalist, Not Conservative
I don't use the term "conservative" Supreme Court; the Supreme Court is not a political body. The correct term to describe our current Supreme Court is originalist.
Our Founders clearly intended that the Supreme Court (and all levels of courts, for that matter) have judges and justices who construe law based on the intent and text of the Constitution and other legal statutes. The new Roberts Court will have him, Kavanaugh, Thomas, Alito, and Gorsuch as originalist justices. Although Roberts may, from time to time, differ with his four originalist colleagues, don't expect him to be as unpredictable as retired Justice Anthony Kennedy.
Ginsburg, Breyer, Sotomayor, and Kagan will remain the judicial activists on the Supreme Court, who believe that our Constitution is a "living and breathing" legal contract, which should be interpreted solely on the basis of the modern times. This is a concept of legal tyranny that our Founders were clearly against, which is why they inserted a mechanism for amendment and crafted the 9th and 10th Amendments – the unenumerated rights and states' rights amendments, respectively.
If the Democrats are this loony over Kavanaugh's confirmation, just wait until they read his SCOTUS rulings and opinions.
Kavanaugh Postscript: The Midterms
The Democrats who voted nay on Kavanaugh had made up their minds the day Trump nominated him. Had Kavanaugh been a black, atheist, immigrant, gay, cultural Muslim constitutional originalist, the Democrats would have opposed him. Had Kavanaugh been the nominee last year, rather than Justice Neil Gorsuch, my instincts tell me that Kavanaugh would have been opposed by the Democrats, but they wouldn't have created a faux scandal. The "Gorsuch wasn't accused of rape, but Kavanaugh was; therefore, Kavanaugh is guilty" tactic was an age-old gaslighting play from the Democrats' and DMIC playbook. The Democrats know that Kavanaugh and the other four originalist justices will significantly weaken their stranglehold on the courts.
Maybe the Senate should just do away with Supreme Court nomination hearings. Democrats prattled on for weeks about how the hearings were a "job interview," so eliminate the hearings, require nominees to meet with all 100 Senators, and voila, you've got 100 job interviews, along with the nominee's judicial record. Then hold a vote, and spare the nation the mockery we just witnessed, in which California senator Cuckoo Kamala Harris and New Jersey senator Cory Booker, whose claim to fame was interrogating Mike Pompeo about sodomy during his secretary of state confirmation hearings, exploited the hearings as a focus group for a 2020 presidential run.
People make decisions on fear and greed. America First, Republican, conservative, and right-leaning independents need to approach the midterms next month with a greed mindset (if you prefer fear, fine, but just vote!). We can't rest on our laurels, and we can never take anything for granted. As General George Patton once said, no one ever successfully defended anything; there's only attack, attack, and attack some more.
The GOP majority in Congress, especially in the Senate, is slim. And there are always Tessio Republicans, who betray their voters the way Sal Tessio betrayed the Corleone family in The Godfather, who make the slim majority even slimmer. Case in point: Alaska's Sen. Lisa Murkowski, who called Kavanaugh a "good man" – twice! – and gave no good reason why he wasn't the right man for the job.
The best friends to the Democrats are eligible voting-age Americans who don't vote; furthermore, there are no longer reliably red states. Conservatives should vote as though a blue wave is inevitable. The America First and Democrat sides are both emboldened and motivated.
Every congressional House seat has an election next month, and there are several crucial Senate elections: in Florida, Texas, Tennessee, Montana, Missouri, and Pennsylvania, among others.
The bad news is that, historically, the president's party loses its House majority in his first midterm. The good news is, the Republican Party is showing a fighting spirit, thanks to McConnell and South Carolina senator Lindsey Graham.
Which side will win out? In under four weeks, we'll know. Another thing I know is this: if the GOP retains the House and Senate, it will prove that America First Trumpism is bulletproof.
Rich Logis is host of The Rich Logis Show, at TheRichLogisShow.com, and author of the upcoming book 10 Warning Signs Your Child Is Becoming a Democrat. He can be found on Twitter at @RichLogis.
