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March 28, 2024 11:24 pm
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No One Asked Me But… (June 29, 2016)

By DR. LARRY MOSES

No one asked me but… The Moapa Valley lost a friend last week. Doug Schwartz was the top executive at the Moapa Valley Credit Union for 19 years. He was a great asset to the Moapa Valley community.

I had an opportunity to serve on the credit union board and to work with Doug as he functioned as a great supporter of Moapa Valley High School projects including the Moapa Valley Rotary Scholarship program.

When the credit union was consolidated with America First Federal Credit Union Doug moved to Elko where he eventual became the top executive of the Elko Federal Credit Union. However, Doug always returned to head up the rodeo part of the Clark County Fair and Rodeo.
Above all else, Doug was a great friend, husband, and father. He was an example for all the young men in our community.
Doug will be missed by all who were lucky enough to know him.

No one asked me but… The Supreme Court of the United States has ruled that President Obama’s usurpation of legislative power in issuing a decree allowing work permits and relief from deportation of millions of illegal aliens in the United States was an illegal action on the part of the President. Both presidential candidates are using the illegal immigration issue to their advantage.

What is interesting is that the Democratic candidate Mrs. Clinton is fixated on the illegal aliens from Mexico who have come here to work rather than the thousands of illegal aliens from other areas of the world who have come here to destroy America.

Mr. Trump would not only build a wall along the Mexican border, he would also temporarily stop immigration from parts of the world that threaten the very existence of America.

Mrs. Clinton would open the borders. However, her hopes are that her Democratic colleagues will take over the House and Senate and will pass the laws necessary to flood the country with dedicated Islamic terrorist.

The real issue is not: Should there be a way for millions of illegal aliens, most of which are from our southern neighbor, to become citizens or at least be recognized as legal residents of the United States? The real issue is: What form of government exists in the United States?
Is America a democratic, republic or a monarchy?

What I find amazing is that the court split four to four over whether America is a monarchy and the President can rule by edict or is a democratic republic ruled by the legislative body elected by the people. The four Democrat Supreme Court appointees affirmed the kingship of the president; the four republican appointees did not agree.

An even more important issue displayed in this decision is the fact that the Supreme Court is no longer, if it ever has been, a legal branch of government. The Supreme Court has become an overt political branch where party politics decide what is and what is not Constitutional.

If the court is a legal branch, then the appointment process may be sound. However, since the court has become a political football, it is imperative that these positions become subject to the election process.
Judges are not elected; they are appointed by the President with the consent of two-thirds of the Senate. It was originally thought that the Supreme Court would be above politics. While this may have never been the case, it is a nice theory.

What we have is a court that will again eventually be controlled by one party or the other. The court will become unbalanced in favor of either liberals or conservatives and the law of the land will depend on which philosophy rules the White House and the Senate.

While in the past this politicalization of the courts was a “dirty little secret,” it is now being brought in the light of day as Clinton and Trump are both warning the American people that if they are not elected, the other party will control the court.

Would it not be refreshing to have a court that looks at the Constitution and the law and not the party politics behind the law? Interestingly enough, if one looks into the Constitution they will find no Constitutional basis for the Supreme Court declaring a law constitutional or unconstitutional. Article II, Section 2 lists the judicial power of the Supreme Court. While they are given the power to decide “law and equity under the Constitution” is being followed, the court is given no constitutional power to decide if the law is constitutional or not. The court usurped that power in the 1803 case of Marbury v. Madison.
Constitutionality of law was originally left in the hands of the president through the veto process. If the president felt the law was unconstitutional, he had the power to veto the law. Unfortunately, that process also felt the pressure of party politics as presidents began veto constitutionally sound laws that were in opposition to his philosophy.

The term Supreme Court did not indicate that the court would be the decider of constitutionality of legislation passed by Congress. The supreme in Supreme Court was to indicate that when a case that would qualify under the power of review of the Supreme Court as stated in Article 3 Section 2 of the Constitution was ruled on by the court, it was final and settled.

Supreme in the Supreme Court was not to indicate that it was Supreme to the legislative action of Congress or the actions of the President. In fact, it was the third branch of government and visualized as the weakest of the three. The Court has now evolved into the most powerful branch of government and nine political for lifetime appointees determine what the law of the land is. There is no longer a balance of power.

While the political nature of the court has in the past been a fact it has never taken on the importance that it has today. Each presidential candidate will remind the electorate repeatedly between now and November the next president will likely appoint as many as four justices and the party in power will control the law of the land for many years beyond this election.

Thought of the week… “The President and the Congress are all very well in their way. They can say what they think they think, but it rests with the Supreme Court to decide what they have really thought.”
― Theodore Roosevelt

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