The Supreme Court

The Supreme Court has issued rulings this morning. I'm not going to review their rulings today, but I am going to discuss the proper role of the Supreme Court in this country. It seems everything that is controversial is ending up in the Supreme Court. The Court has ruled on all kinds of cases and has based its findings on various things, even including foreign law. What the Supreme Court is NOT basing its decisions on more frequently is the US Constitution. Now I believe the role of the court, as stated in the Constitution, is to determine the legality of laws passed by Congress in relation to the limitations imposed on the government by the Constitution. The only person currently on the Court who bases his vote on the actual wording of the Constitution is Justice Scalia. He is considered an "originalist". This means he bases his rulings on what the Constitution says. He correctly points out that if Congress or the American people don't like what the Constitution says they can amend it.

This is the beauty of the Constitution. It is a foundational document that can be amended, but not just by the whim of society. It takes a major effort to get the Constitution amended. This is so that as society goes through various fads and temporary flights of fancy the Constitution doesn't get weighed down by insignificant or unnecessary amendments. Contrast this with many state constitutions. In Virginia it seems every few years a new amendment is being voted on. They vary from guaranteeing the right to fish and hunt in Virginia to various tax issues. None of which deserves to be in a constitution. The Constitution, whether for the entire country or a single state, should only relate to foundational principles, rights and governmental organization...not fishing rights and car taxes.