The other missed point about the Hobby Lobby decision and many decisions this Court has made, aside from the ones in Katha Pollitt’s article, is that neither the Supreme Court or any of our courts have the power to rewrite the constitution. The federal courts have only the power to uphold the constitution as written, when addressing cases arising from the constitution. The only way we can change the meaning of the constitution is through a constitutional amendment, not by rulings of the Supreme Court.
The Court’s misuse of the rights granted people in our Constitution started after the Civil War with the Morrison Waite Court, which totally rewrote the meaning of the Constitution by denying freed slaves their constitutional rights and then handing these self-same rights, particularly through the Fourteenth Amendment, over to railroad companies, because they did not want to recognize the personhood of the freed slaves.
But neither the Supreme Court, nor any court, has the power to alter the Constitution or is infallible, and it is the direct legacy of those courts after the Civil War that this misconception has been handed down to down to us. If this Court is not called on the carpet for judicial error by altering the constitution by court decree, rather than constitutional amendment, we of this generation will have finished the job of destroying this country that the governments of the last thirty and forty years have started. That is what is at stake—whether we allow the constitution of this country to be altered by judicial decree, or whether we continue to alter it by amendment that we all have a vote on. Whether we remain a country governed by our vote and our representation in our government or we cement it as a country ruled by a few that we have no say so in, and trash the Constitution and the ideals put forth in it by those who started this Great Experiment.
Winter Park, FL
Jul 9 2014 - 3:15pm