What should we do to "Save the Constitution" that is definitely hanging by a thread?


gclayjr
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3 hours ago, JohnsonJones said:

You should read a book called Supreme Power by Ted Stewart, which is a very interesting commentary on the evolution of the Supreme Court.

Supreme Power : 7 Pivotal Supreme Court Decisions that had a Major Impact on America

One thing I see that has changed and dramatically altered how the Supreme Court works is not the Supreme Court basically has been enabled to write laws.

A prime example...

With the Gay Marriage laws that have come into effect, previously before it had this power, the Supreme Court could have ruled laws AGAINST Gay Marriage as Unconstitutional, but it could not have mandated laws to be made to equalize them.  Thus, there would be a vacuum until such laws were made in accordance to recognize Gay Marriage on the same footing as Traditional Marriages.  Instead, the laws were conformed immediately to take into effect the Gay Marriage as the same exact thing in a legal sense (which is writing new laws) as other Marriages.  In my thoughts...of course.

Traditionally, when originally created, the Supreme Court had the ability to rule things unconstitutional and mandates in accordance, but not necessarily the ability to actually write and create laws without the approval of Congress being involved with the process...once again...in my feelings on the matter.

Ironically, even Judicial Review, which we take for granted today, was not inherently felt to be given until over a decade after the Constitution was written, but this review has expanded today into what we see where not only can it strike down, it can also mandate laws put in place to enforce such things (for example, striking down a school districts regulations and ordering it to pay fines in order and to create new organizations...thus by ordering new organizations to be made to create equality, also dictating new laws in order to mandate such actions to occur).

Because of this, those who wish to force the creation of new laws which otherwise cannot be passed via the traditional means either by vote or through Congressional legality, have pushed for more Judicial activism regarding the Federal Courts all the up to the Supreme Court.

How far this could go is questionable, but with more extremes placed upon it, one could see that this may result in a Crisis in the future.

Just a note - It seems to me that the pattern in the Book of Mormon that a society (government) is in decline (hanging by a thread) is first manifested in that societies lawyers and judges.  In addition this manifestation began with a two tear application of the law that divided the society into those that were governed by law and those that were not governed by the law - in essence were not subject to law or held accountable under the law.

 

The Traveler

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15 minutes ago, Grunt said:

I've developed a real fondness for Ezra Taft Benson

President Gordon B. Hinckley had this say about Ezra Taft Benson:

Quote

I am confident that it was out of what he (Ezra) saw, the bitter fruit of dictatorship that he developed his strong feelings, almost hatred for communism and socialism. That distaste grew through the years as he witnessed the heavy handed oppression and suffering of the peoples of eastern europe under what he repeatedly described as godless communism. These experiences further strengthened his love for the land of his birth …
He never got over his boyhood love for freedom. Rather, it grew within him. Nurtured by what he saw of oppression in other lands, and by what he observed first hand of a growing dominance of government in this land over the lives of the people. (Gordon B. Hinckley, Talk given at the funeral of Ezra Taft Benson, June 4, 1994)

 

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