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What Trump’s New Supreme Court Pick Means for the Future of America

Robert Dimuro

Posted on July 7, 2018 21:30

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The political dominance that the Left has enjoyed in the courts is finally coming to a close.

When Justice Kennedy announced his retirement last week, it sent shockwaves through the political Left -- and for good reason. The Left has been able to push its agenda under a Supreme Court that was essentially an even split between conservative and liberal, with Kennedy being the dramatic swing vote. Under Obama, for example, the Supreme Court upheld the individual mandate on the basis that it was a tax, and it ruled in favor of gay marriage.

Whether or not you agree with the Left’s agenda, it’s certainly the case that the Left tries to manipulate the court system in order to implement its agenda. In the lower courts as well, this has a profound impact on the power that Democrats have, even without having a majority in Congress or the presidency.

When President Trump tried to implement his ban on immigration from certain countries, a judge from
a district court deemed it unconstitutional. Once this happened, Trump was forced to modify the language and scope of the ban – only to have it struck down again by a judge in a district court. Since the president has the power to restrict immigration, especially when such immigration is a potential danger to national security, there was no justification for a district court to rule against him.

In the Supreme Court, this tactic of manipulation is amplified. Democrats, if given a majority, would try to pass gun control measures that are clearly unconstitutional. Whether you like it or not, the Second Amendment ensures the right of citizens to keep and bear arms without infringement from the state. Instead of trying to ratify an amendment to change this, the Left simply argues that the Second Amendment doesn’t apply to individuals, only the military.

This argument is unfounded: the entire Bill of Rights refers to the rights of individuals, not the state. The idea of having an amendment to ensure that the state can keep and bear arms makes no sense; yet this would be the likely interpretation, given the stated positions of liberal judges on the Second Amendment.

The Left found their power greatly diminished once Trump was elected President. Because the “impossible” happened, Democrats now need to consider the Constitution as it was written when trying to implement policy.

Unfortunately for the Left, much of their policy agenda stretches the bounds of Constitutional authority and often times exceeds it. The Left’s policies are entirely dependent on having a liberal Supreme Court to interpret the Constitution in a way that agrees with their ideology.

Now that the balance of power in the Supreme Court will likely shift to being constitutionally conservative, the Left finds itself in a long-term crisis. On Monday, President Trump has the power to nominate a justice that allows the Constitution, as it was written, to remain relevant in protecting our freedoms as individuals for decades to come. This will prove to have more impact than any policy Trump can implement or has implemented.

Robert Dimuro

Posted on July 7, 2018 21:30

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