John Birch Society Quotes

He was referring to the Presidential election of 2000 where the Supreme Court by a 5-4 decision reached a decision that as a de facto matter made George W. Bush President over Al Gore.

TR had a Supreme Court where a conservative block was in the majority and declared a number of his key reforms as unconstitutional. The same thing happened to FDR as well. Since Supreme Court justices had lifetime tenure most presidents and congresses have to deal with a court that has the political makeup and political philosophy of previous administrations by which they were appointed. Reform and change presidents tend to see the Supreme Court as obstructionist.

Weyrich and many other extreme religious conservatives are often loose with legal and political facts. Actually President Clinton was impeached by the Republican Controlled House of Representatives, but was acquitted by the Senate which decided that he was not guilty of what his political enemies had accused him of or those things were not of sufficient import to warrant impeachment. What Weyrich probably meant was that if there had been a moral majority in America, Clinton would have been convicted and removed from office. Ironically, the Republican Speaker of the House which impeached Clinton had been Newt Gingrich, who abandoned his first wife and was having an affair with a staff member. Livingston who was then elected speaker of the House also was committing adultery as were many in the group who found Clinton morally wanting for his sexual activity with am intern and his attempted coverup. They too, tried to cover up their scandalous behavior.

This concept of balance of power and the equal role of the judiciary is actually quite rare. Even in Parliamentary democracies the parliament can override any court interpretation. In England, the upper legislative house, the House of Lords, actually serves as the nation’s highest or supreme court. And these “Law Lords” can override all regular judicial bodies.

Barstow the Democratic Governor who had no serious opposition in 1853 found himself challenged for reelection by Coles Bashford of the new Republican Party. The Board of Canvassers reported that Governor Barstow had won reelection but by less than 200 votes in the whole state. The Republicans charged that there had been fraud in some of the rural districts and petitioned the Wisconsin Supreme Court which ruled that nonexistent precincts had indeed voted for the Governor. The Barstow however refused to recognize the decisions of the court claiming that the court had no jurisdiction over the Board of Canvassers who were part of the executive branch. The Republicans held their own inauguration and two men claimed to be Governor. But the Governor claimed that the state constitution did not give the court any authority to deal with the crisis, He even called out the State Militia to maintain his office and intimidate the Supreme Court and keep the “other governor” from the state house. Nonetheless the court ruled that even the Governor had to obey the law and the Supreme Court would determine what the law was. Barstow finally “resigned.” See {587917} & {587914}.

It is argued whether Scalia’s problem was that the Supreme Court was doing something new or radical or the country had changed. He had certainly lived through the greatest transformation of any society and culture on earth at a pace of change that far exceeds anything that has occurred before. Scalia is one who believes that the Constitution should not be interpreted in recognition of these changes, but should be immutable as it was written for the late 18th century. Most judges and legal scholars disagree and try to interpret the Constitution as the founders would have intended, knowing what we know, having the tools and powers we have, and facing the problems of the modern world. It represents a major legal and philosophical debate.

Referring to issues regarding slavery:

Jefferson’s fears were later reinforced by John Marshall in Marbury v. Madison {606468}

This shameful quotation was shocking to most readers. It is subject to two interpretations: One that judges who did not rule on Constitutional issues the way conservative extremists wanted would come to physical harm. The other, that conservatives should pressure judges by withholding appropriations for the courts, impeachments and recall elections where they exist, as well as funding potential opponents for those jurisdictions where judges are elected. Both meanings were disgraceful in the view of most Americans. Later, DeLay was convicted and sentenced to jail for money laundering and illegally spending and raising campaign funds. He was also reprimanded by the House Ethics Committee for unethical methods of fund raising for other earlier actions.

David Souter was an outstanding Supreme Court Justice—a lifelong Republican appointed by a Republican President. He did not vote the way Erickson thought he should. There was never any hint of any kind of sexual problem with Souter, and why Erickson chose to slander him with these descriptors is not known. One unproven theory is that some Souter votes and opinions upheld the First Amendment freedoms of pornographers and therefore by supporting these practices being promulgated, Erickson thought that he believed they were worthy themselves. Fortunately, Souter was so well thought off that only a few right wing extremists took these lies for what they were. What is important about this quotation is that Erickson did not lose any standing within the Conservative wing of the Republican party as a result of these rash slanders that were in themselves in terrible taste and crudely expressed. The Daily Telegraph of London put Erickson on its "List of Most Influential US Conservatives", giving him a rank of 69th most influential in 2007 and 65th in 2010. This crude lie was made in 2009. The Republican Party traditionally would never tolerate this kind of rhetoric but after the Southern Strategy, the party grew more and more extremist in its views and more and more vicious and unethical in its political methods.