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"A competition of the best ideas - that should be what Congress is
about." – Mark McKinnon

Supreme Court Justice Samuel Alito said, “We cannot allow our decisions
to be affected by extraneous influences.” Alito reasoned that the court
is obligated to rule on the true theory of statutory interpretation of
the law. The court must make its decision on the broad statutory context
and core intent of the original law. He asserted that without this consideration, the court could nullify key provisions of the law's
resolve.

Five days after Robert E. Lee surrendered and Abraham Lincoln was
assassinated, Andrew Johnson gave immediate amnesty to the former
Confederate states. They could rejoin the union as soon as they ratified
the 13th amendment and wrote new constitutions that prohibited slavery
and extended the right to vote to all Black male citizens. Shortly after
these states rejoined the Union, they elected former Confederate
lawmakers and military officers for Congress and to run state
legislatures.

These members of Congress threatened to derail the Republicans’ Reconstruction programs that gave the right to vote to Blacks. The South
had elected 23 Black Republicans to Congress and the Segregationist
Democrats were determined to find a way to disenfranchise every Black
voter.

"I have the votes in the Senate to kill any Civil Rights bill
Republicans try to pass." – Lyndon Johnson

In reaction to Confederate oppression of Blacks, the Republicans drafted
the 14th Amendment. Its purpose was to guarantee, "All persons born in
the United States are citizens and no state can pass any law that
abridges their privileges or deprives them of life, liberty or property,
or equal protection of the law." Congress was empowered to enforce its provisions. Segregationist Andrew Johnson refused to sign it, claiming
it targeted former Confederate solders, "which is what its intention
was."

The 14th Amendment is a linchpin for civil rights cases that have
reshaped our nation. The 14th Amendment underpins many liberties
Americans have today. That's why the court has struck down most
challenges to the 14th Amendment. Legal scholars claim the
insurrectionist ban was to keep Confederate rebels from being elected to federal office. States cannot use it to take candidates off of the
ballot. The 14th Amendment protects the rights of candidates the same as
any other citizen.

When the justices unanimously ruled on Trump v. Anderson which restored Trump’s name on the Colorado ballot, they conceded that, "If we allow
the states to determine a presidential candidate’s eligibility it could
lead to a chaotic patchwork of outcomes that would disrupt a national election."

While all nine justices signed the decision, a bitter 5-4 divide lurked
among them. The three liberal justices – Kagan, Sotomayor and Jackson – furiously disagreed with the conservative justices. Justice Barrett
issued a separate opinion but said, “our differences are far less
important than following the law."

"Anyone who thinks that my story is anywhere near over is sadly
mistaken.” – Donald Trump

The liberal justice's decision is based on "federalism," which differed cogently from the rest of the court. They referred to the Trump disqualification effort as, “A sensitive case crying out for judicial restraint.” Their logic was a federal judge could order replacement of a president without Congress.

The liberal justices opinion reads like a bitter dissent. They think
this ruling only applied to this case and the door is open for a federal
judge to take out a president without Congress ruling that president is unqualified to serve.

"Liberals believe a lot of things that are not true." – Jimmy Dore

The liberal justices' objections echoed their progressive dreams about
what they planned to do if Trump is reelected. They think the federal
courts can consider Trump’s eligibility again after the election. They
argued the majority shut the door on future enforcement of Section 3 by
the states.

They claim that the court went too far in Bush v. Gore in deciding the
2000 election for George W. Bush. It discouraged federal courts from
replacing elected officials they didn't agree with on policy or
politics. The liberal assent took issue with the ruling that states
could not enforce Section 3 and, "Only who could enforce that provision
instead – and that is Congress, and it is only Congress."

"Our founders knew if Congress moved too quickly, it'd be unfair to the majority." – Barber Conable

When these justices went to high school, they should have learned the
history of our Constitution.

The insurrection clause insured Blacks that Congress would protect their
rights from the former Confederates; nothing more. It is a federal law
that can only be enforced by Congress. It did not give states authority
to deny candidates a place on the ballot if they did not agree with
their politics.

Liberal justices have to be reminded they are not politicians. And due
to the separation of powers, they are charged with debating the merits
of challenges to our Constitution and nothing else. They cannot rewrite
the Constitution to please them through the back door by legislating
from the bench.

Justices are supposed to make their decisions based on facts and law,
but this is rarely the case when it comes to policy-freighting
constitutional questions. According to a recent Gallup poll, the high
court’s approval rating is at 40%, its lowest in history. Since Biden
force fed Ketanji Jackson on the court by sacrificing Stephen Breyer,
the liberal justices have become brazenly political.

"I hope to bring diversity to the Court with my decisions and life experiences." – Ketanji Jackson

Justice Kavanaugh said, "The Supreme Court must never be viewed as a
partisan institution." Yet for years, the left has been using the
Supreme Court to usurp the power of the elected branches to make unconstitutional laws passed by liberal politicians Constitutional, such
as Obamacare. They have been using the court to defend liberal causes
since 1956 when liberal Justice Earl Warren distinctly said, “It's emphatically the province and duty of the judiciary to determine what
the law is.”

Just as Biden did with Stephen Breyer, progressives have started a
movement to rid themselves of Justice Sotomayor, who is only 70 years
old. They want to replace her with a young progressive before Biden
leaves office so they are guaranteed another progressive justice for
years to come.

Our founders explicitly wrote a Constitution that confers Congress with
the power to enforce federal laws. The court and Congress have
maintained that states may assist in enforcing federal laws if asked by
a federal agency or official, but they lack the authority to enforce
federal law. States may pass legislation similar to federal laws but
they cannot violate or arrogate a citizen's federal rights.

We are living in an dangerous time with socialist progressives attacking
every traditional institution in America. Their goal is to control every
branch of government and they must control the court to maintain total
control of all other branches of government.

"The most contentious Supreme Court battles are when a Republican
nominates someone to replace a liberal justice." – Mollie Hemingway

https://www.thecentersquare.com/opinion/article_8b5e9618-e23f-11ee- bd1d-17859c0f5040.html

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