Thursday, June 26, 2008

Supreme Court 101

Tis the season for Supreme Court rulings, and this season is abound with confounding rulings. Let’s begin at the top. Headline "Guantanamo Bay Detainees Get Habeas Corpus". Well to most Americans, and I do mean most, this means "what?". And then when that particular American is asked how they "feel" about the ruling they say "I think everyone should have the right to the court system". Well not everyone is entitled to our court system, specifically non-citizens. The effect of this decision is that "any" foreigner now has access to our court system. Think about that for minute. Someone detained in let’s say China by our military protecting our athletes who happened to have a bomb strapped to his or her side now has a right to be heard in a US court. Remember Helsinki? That has huge repercussions. Our constitution is for American Citizens ONLY.

Then we have this so called "Child Rape" law that stems from a Louisiana law that imposed capital punishment for child rape cases. Now I must say that I am in favor of capital punishment for hoodlums stealing grandmas pocketbook. But I would need to be a resident of state that voted for a state law imposing capitol punishment for unnecessary anguish inflicted on a person of age...and that is what is called “States Rights”. Now I may be a little beyond what the constitution would allow in my example but the fact of the matter is that capital punishment is a states’ rights issue. Can you impose the death penalty for littering? No, that would be considered unusual punishment. But violently raping a child? Maybe a close call for capital punishment, maybe not. So the court should by default not stomp on the states right according to the 10th amendment. This opens the door for other, and maybe even more important egregious usurping of other states rights. My point is that the media has missed the point on this one. It is a matter of states’ rights, not whether a child rapist should be fried.

Decision number three, the second amendment. Believe it or not I think this decision is scary. The court ruled that there is an individual right to own a gun. WoooHoo Yaaahooo and so on. I applaud the court and I think Justice Scalia’s written majority opinion was genius. My problem with this one was the dissenting opinion and that fact that four of them signed on to that opinion. Look out for the balance of power on this issue.
PS. I am definitely exercising my right in my new home before it is taken away….

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