I’m going to start this post off by saying that some right-wingers like to say that America is not a Democracy but a Republic. Which I disagree with as a Liberal and that we aren’t governed by majority rule which I do agree with for the most part. But I would add to that is except when laws they like that are passed by the so-called will of the people. Like outlawing Gay marriage in California, some right-wingers seem to be all about majority rule. When laws they like are struck down they say that’s undemocratic and call that judicial-activism. Like with DOMA yesterday but when laws they disagree with like the Voting Rights Act. When a section of that law is struck down that was passed by Congress the representatives of the people. Where we get to weigh in on what laws are passed and hold our members of Congress responsible for. Those laws, they say that the Supreme Court was standing up for the United States Constitution. In other words we are a Democracy when laws that Neoconservatives like are passed. But a Republic when laws they disagree with are struck down. They are trying to have it both ways.
As far as U.S. Justice Antonin Scalia is concern do I believe he’s a bright guy. Of course I do but do I see him as a bright Conservative, well not today and perhaps never. Because apparently states rights, Federalism and individual freedom only exist to protect things and. Rights that he and the Neoconservative faction of the Republican Party the most partisan faction. Of the Republican Party whose sole interest is to advance their partisan political agenda. Rather then defending the United States Constitution or representing America as a whole. And apparently Justice Scalia sees his role as to represent this faction of the Republican Party as a political activist on the bench. Which means economic freedom for big business, gun rights, religious freedom for Christians. States rights when states are doing things that he agrees with politically whether they are constitutional or not.
The fact is we do not have a 5-4 Conservative vs Liberal split on the U.S. Supreme Court. But we have a 5-4 Republican vs Democrat split on the court. With four Liberals, two Conservatives Chief Justice Roberts and Justice Kennedy. Two Neoconservatives in Justice Scalia and Justice Thomas with Justice Alito I’m not ready to put him in any camp yet but he’s definitely on the. Right and yesterday we saw the Neoconservatives disagreeing with the Conservatives on the same cases.