Sunday, January 10, 2016

It’s the Supreme Court Stupid...

"It’s the Supreme Court stupid, Cruz must be the nominee"



Proclaims the title over at Erick Erickson's REDSTATE by somebody named, of all things:

As many as 3-4 picks are likely on the line here...


So here's the construct: Sen Cruz must be elected president to ensure a "conservative" buildup on the U.S. Supreme Court. This assumes, of course, Mr. Trump cannot be relied upon to place true "conservative" justices on the SCOTUS bench. But here's the problem as I see it: it all depends on what each person means when they use the word "conservative", as an adjective, to describe their choices of justices.

Since the main function of the U.S. Supreme Court is to interpret the U.S. Constitution, it matters what yardstick is used, namely: natural law, English common law, or American common law. Of course, my first recommendation to such a position would be Judge Andrew A Napolitano. With this said, please view the video below, entitled: "The Natural Law as a Restraint Against Tyranny", as he sets the stage, I think, for the coming debate , starting at time 03:38.



Since the main function of the U.S. Supreme Court is to interpret the U.S. Constitution, it matters what yardstick is used, namely: natural law, English common law, or American common law. Clearly then, the "Tyranny" to which Judge Napolitano is warning us all against is defined by English common law, as it is based on the concentration of political power in a single sovereignty and the Divine Rights of Kings -- at least in 1787.

So the question becomes, which man: Trump or Cruz, can be best counted on to appoint U.S. Supreme Court justices, like Judge Napolitano, who view natural law as the natural restraint against tyranny, rather than English common law, as (sadly) supported by Sen Cruz?


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