Reason #7

Getting out from under the reckless rulings of the US Supreme Court

The Founding Fathers created a system of checks and balances in the US Constitution. The three branches of government keep each other honest. If one of them gets out of line, there is a mechanism in place to correct the injustices and right the ship.

This only works if the US Supreme Court follows the Constitution. If it doesn't, we have the underpinnings of anarchy and a Constitution that isn't worth the parchment upon which it is written. Unfortunately, for most of its existence, the US Supreme Court has ruled in favor of the Federal Government in cases where state's rights were challenged. Literally making law (legislating from the bench), the US Supreme Court has given the Federal Government powers that do not exist in the Constitution, and are reserved to the states (See the 10th amendment).

On June 23, 2005 the US Supreme Court left the Constitution locked tightly in the Library of Congress as it rendered its opinion regarding personal property rights. In a split decision (5-4) the Court ruled in favor of a local municipality that attempted to use Eminent Domain to seize the private property of its residents, so that the property could then be sold to another private entity for private purposes. The municipality argued successfully that the new owner of the property would develop the property in such as way that the "public" would benefit.

This decision opens the door for municipalities all over the United States to seize private property of any kind, and for any reason, so long as a "public" benefit can be demonstrated... not guaranteed, just demonstrated.

On June 23, 2003, the US Supreme Court decided to completely ignore some very frank language in the US Constitution when it rendered a split decision (5-4) in favor of the University of Michigan's race-based admissions policy. The University's admissions policy allows preferential treatment to be shown to minority applicants, based on their race. Never mind that Constitution was written for ALL Americans, not just minorities. Never mind that the US Constitution expressly prohibits discrimination on the basis of race (equal protection clause). Never mind that the University's admissions policy only applies to non-white applicants. Never mind that this policy disproportionately discriminates against one ethnic group.

On June 28, 2012 the US Supreme Court ruled that a federal mandate to purchase health insurance is actually a tax. This ruling came in the face of the Justice Department arguing vehemently that the mandate is NOT a tax. The bill was passed under the auspices that the mandate is NOT a tax. Yet, the US Supreme Court literally changed the law by ruling that the mandate is a tax.

Watch out for June 23. This doesn't seem to be a good day for US Supreme Court decisions.

June 23, 1947. The US Supreme Court ruled that the State of California does not have the right to regulate lands under the sea within 3 miles of the California coast. The Court ruled that the Federal Government has this right, even though the Constitution is silent on the issue. This ruling paved the way for the Federal Government to claim ownership of oil leases for off-shore properties and ultimately regulate US oil reserves.... prohibiting drilling in many areas and leading to a dependence on foreign oil that costs Americans approx. $500BB per year.

June 23, 1954. A baby named Sonia Sotomayor was born in New York. This 55 year old Federal Judge has been appointed to the US Supreme Court by President Obama and confirmed by congress. Once she takes her position on the bench, the Court will be just that much more out of step with the US Constitution. She is after all, the federal judge who thinks all old white men are inherently racist.

Let's hope that the Texas Supreme Court continues to actually read and use the Constitution before handing down an opinion.