Supreme Courte Decisions and The Law

Whether you agree with SCOTUS decisions or not, they are the law. The Supreme Court has the final say in the federal court system. While their decisions are irrevocable, they're not necessarily permanent. Under the Constitution, there are ways to overrule a Supreme Court decision.

1. Congressional Statute

If the Supreme Court has struck down all or part of a federal statute, Congress can go back and adjust the statute to their liking. This is often used to supplement or augment Court decisions. For example, the Supreme Court decided in the 2000 case FDA v. Brown & Williamson Tobacco Corp that the FDA didn't have the authority to regulate tobacco. Congress changed that with the Family Smoking Prevention and Tobacco Control Act of 2009.

Until a case concerning this federal statute comes before the Supreme Court, Congress has the final say.

2. Constitutional Amendment

The Supreme Court has the final word on the meaning of the Constitution. But there is a process of amending the Constitution. Article Five of the Constitution lays out the specific process. Amendments can be proposed by Congress, with two-thirds approval in both the House and the Senate. States can also propose them with a two-thirds majority, and the holding of a convention for proposing the amendments. Once proposed, the amendment must be ratified by a three-fourths majority of the states. The voting to ratify or reject the proposed amendment can take place in state legislatures or state conventions.

Since the adoption of the Bill of Rights, 17 amendments have been ratified. One principle example of a Constitutional amendment overturning a Supreme Court case is the Sixteenth Amendment.

In Pollock v. Farmers' Loan and Trust Company, the Supreme Court declared a progressive federal income tax unconstitutional. In 1913, the Sixteenth Amendment was ratified — completely negating this decision.

3. Of course the Supreme Court can change their mind. 

This has proven to be the most unlikely path taken.

So, there you have it. Congress has the power to make law to suit their agenda regardless of Supreme Court rulings! However, this seldom is done. Why? Lull the American people into accepting Judicial Actions as "uncontestable law" and not endure political risks!

Supreme Court Appointment Process the Senate Likely To Use

 Supreme Court Appointment Process the Senate Is Likely to Use

Debate and Confirmation Vote

Consideration of a nomination is scheduled by the majority leader, who typically consults with the minority leader and all interested Senators. In previous Congresses, the typical practice in calling up a Supreme Court nomination was for the majority leader to consult with the minority leader and interested Senators and to ask for unanimous consent that the Senate proceed to executive session and consider the nomination. The leader asked for unanimous consent to proceed to executive session to consider the nomination immediately or at some specified time in the future

When unanimous consent to call up a nomination has not been secured, the majority leader may make a motion that the Senate proceed to consider the nomination. As already explained, such a motion is made while the Senate is in legislative session. The motion is not debatable. Since 1980, the Senate has explicitly established the precedent that a nondebatable motion may be made to go into executive session to take up a specified nomination. One congressional scholar observed that the precedent limits a potential filibuster to the nomination itself.

Supporters of a Court nomination have available to them a procedure for placing time limits on consideration of a matter—the motion to invoke cloture. When the Senate agrees to a cloture motion, further consideration of the matter being debated is limited to 30 hours. The majority required for cloture on nominations, including Supreme Court nominations is a majority of Senators voting, a quorum being present. By invoking cloture, the Senate ensures that a nomination may ultimately come to a vote and be decided by a voting majority.

The Senate reinterpreted its cloture rule to allow a simple majority of Senators voting to invoke cloture on a Supreme Court nomination on April 6, 2017

Time to Redefine "Middle America"

 Time to Redefine "Middle America"

The traditional definition is:

"Middle America is a colloquial term for the United States heartland, especially the culturally rural and suburban areas of the United States, typically the Midwestern and Southern United States."

However, in today's politicized world, I would like to propose another consideration.

Given the Democrats are associated with left thinking and Republicans are associated with right thinking. What about the rest of Americans? I say they are overlooked. Why do I say that? Simply by the fact those not in either of the afformentioned camps rarely if ever get mentioned or considered.

That is simply wrong! All peoples political views deserve to be in the public discourse. Why not? Mabey, just mabey it is because they are larger in numbers than the other two groups combined!!

Hold on you say! How could that be true? Try this. Gallup 2020; Gallup polling found that 31% of Americans identified as Democrats, 25% identified as Republican, and 40% as Independent.

Why independent? They are usually patriotic, not extreme and love their country above all else. Hmm! Maybe why the "declare as independent"??

Middle America is not the middle of the road, they are the the foundation of the country! 

Think about it.....

The fight for America’s future is hitting the classroom.

 The fight for America’s future is hitting the classroom

Last year, the New York Times led the development of an anti-American curriculum based on the “1619 Project,” which argues that the U.S. is rooted in racism and injustice. Now a group called “1776 Unites” has released a curriculum of its own — and it tells the real story of America's principles and progress.

Founded by civil rights activist Robert L. Woodson, Sr., 1776 Unites “offers authentic, inspiring stories from American history that show what is best in our national character and what our freedom makes possible even in the most difficult circumstances.” Rather than condemn America, it celebrates America.

It’s vital that America’s students learn the truth about U.S. history. As Amb. Haley has said, “America isn’t perfect,” but “even on our worst day, we are blessed to live in America.” The 1776 Unites curriculum can help convey that truth to the next generation.

Today marks the 19th anniversary of the terrorist attacks on September 11th, 2001

Today marks the 19th anniversary of the terrorist attacks on September 11th, 2001.  It remains the worst attack on the American homeland since Pearl Harbor, forever changing our country and the lives of our people. Nearly a whole generation of Americans has been born since the attacks. They have no memory of what happened that morning. Even for those who do remember, the many challenges of the current year make it easy to gloss over this anniversary. But we cannot forget or ignore what happened that day — and what has happened every day since. The story of September 11th is one of heroism arising from tragedy. Some 2,977 people were murdered in the attacks, spread across New York City, Washington, D.C., and Shanksville, Pennsylvania. In the days that followed, Americans from all walks of life enlisted in the Armed Forces. Those who were too young to enlist then waited until they came of age.  Many of these heroes have fallen, sacrificing their lives to protect America from another September 11th. They have the gratitude of every American. So do the heroes who served and came home. Most have returned to daily life, raising families, taking jobs, and quietly building up our country. Others are now serving in a different way, in the halls of government.  Senator Martha McSally (R-AZ) helped plan the initial air campaign over Afghanistan and oversaw combat search and rescue operations there and in Iraq. Rep. Dan Crenshaw (R-TX) served as a Navy Seal, deploying five times and suffering the loss of an eye after an IED explosion in Afghanistan. Rep. Adam Kinzinger (R-IL) resigned his job to enlist in 2003 and was deployed to Iraq twice. The list of veterans in Congress, both Republican and Democrat, goes on. All those who stood up and stepped forward to take the fight to the terrorists have our thanks, including those who are in the field right now. Their service is as vital as it was in the days after September 11th.  Terrorist groups like ISIS and Al Qaeda still exist and seek to kill Americans and inspire lone wolf attacks. Iran, the largest state sponsor of terrorism, is threatening America, too. We honor those who fell on September 11th, and those who have fallen since, by remembering their sacrifice and remaining vigilant and resolved.  Resolve this day, to not let the evil in this country cloud your vision and that of others of the exceptionalism that made this country and was felt and visible on that horrific day! God Bless

Liberal Tax Hypocrisy

 

Who knew that Democrats love tax cuts for the rich? 

They’d never put it that way, but that’s what Joe Biden, Nancy Pelosi, Chuck Schumer, and virtually everyone on the left are demanding with their calls to repeal a key part of the 2017 tax reform law.

Democrats are promising to roll back one of the most important provisions of the 2017 reforms. The Republican law eliminated the open-ended deduction for state and local taxes. This move raised taxes on high earners in the most liberal states, which allowed for larger tax cuts on job creators and working families. Even liberal groups have praised this policy, yet Democrat leaders are dead-set on repealing it, giving mostly wealthy Americans a $137 billion tax break.

The reason is simple: The state and local tax deduction lets liberal states hide the costs of their own massive tax hikes. Rich liberals in California, New York, New Jersey, Connecticut, and Illinois are finally feeling the full sting of their states’ high tax rates. Those states should be cutting their own taxes and spending, not pushing Joe Biden and the Democrats to give them a handout. 

California’s Blackout Warning Matters to YOU!

 California’s Blackout Warning 

California’s embarrassing energy crisis is the result of bad liberal policies. As California starts the week facing rolling blackouts, it’s worth asking why the nation’s richest state is dealing with an issue typically facing poor countries — and why the rest of America should be worried.

California’s energy problems are the fault of government control. For years, the state has built a top-down, mandate-heavy, bureaucrat-driven energy system. Politicians have decreed that the state must generate all electricity from “clean” sources in the near future, which has forced affordable and efficient nuclear and natural gas plants out of business while making California dependent on other states. 

Bad idea. Now, when it’s hot outside, California can’t meet its own people’s energy demands — and the Los Angeles Mayor is even telling his constituents to unplug appliances and set the thermostat to a low of 78. 

It’s tempting to think that California is its own special kind of basket case, but Joe Biden’s energy plan could make the rest of America look like the Golden State. He wants to double down on mandates that make no economic sense, and many experts are warning that California is just a preview of Biden’s policies. Let’s hope his plan never sees the light of day.

Why you should care who is behind Organizing For Action (OFA)

 Who I OFA?

 

Ever wonder why protests and demonstrations get started almost immediately after some announcement by the Trump Administration?  How anti-gun marches get set up so quickly after a school shooting?  Huge marches on Washington DC are organized so quickly?    Read this and you'll know why. Go ahead and google  “Organizing for Action” (OFA)

You are living in a country with its democracy established over 200 years ago, and now, for the first time in history, suddenly we have one of our former presidents set up a group called “Organizing for Action” (OFA).   

OFA is 30,000+ strong and working to disrupt everything that our current president’s administration is trying to do. This organization goes against our Democracy, and it is an operation that will destroy our way of governing. It goes against our Constitution, our laws, and the processes established over 200 years ago. If it is allowed to proceed then we will be living in chaos very much like third world countries are run. What good is it to have an established government if it is not going to be respected and allowed to follow our laws?

If you had an army some 30,000 strong and a court system stacked over the decades with judges who would allow you to break the laws, how much damage could you do to a country? We are about to find out in America!

Our ex-president said he was going to stay involved through community organizing and speak out on the issues and that appears to be one post-administration promise he intends to keep. He has moved many of his administration’s top dogs over to Organizing For Action.   

OFA is behind the strategic and tactical implementation of the resistance to the Trump Administration that we are seeing across America, and politically active courts are providing the leverage for this revolution.

OFA is dedicated to organizing communities for “progressive” change... Its issues are gun control, socialist healthcare, abortion, sexual equality, climate change, and of course, immigration reform.

OFA members were propped up by the ex-president’s message from the shadows: “Organizing is the building block of everything great we have accomplished. Organizers around the country are fighting for change in their communities and OFA is one of the groups on the front lines. Committed to this work in 2017 and beyond.” OFA’s website says it obtained its “digital” assets from the ex-president’s re-election effort and that he inspired the movement. In short, it is the shadow government organization aimed at resisting and tearing down the Constitutional Republic we know as AMERICA.

Paul Sperry, writing for the New York Post, says, “The OFA will fight President Donald Trump at every turn of his presidency and the ex-president will command them from a bunker less than two miles from the White House.”  Sperry writes that, “The ex-president is setting up a shadow government to sabotage the Trump administration through a network of non-profits led by OFA, which is growing its war chest (more than $40 million) and has some 250 offices nationwide.

The OFA IRS filings, according to Sperry, indicate that the OFA has 32,525 (and growing) volunteers nationwide. The ex-president and his ‘wife’ will oversee the operation from their home/office in Washington DC.

Think about how this works. For example: Trump issues an immigration executive order; the OFA signals for protests and statements from pro-immigrant groups; the ACLU lawyers file lawsuits in jurisdictions where activist judges obstruct the laws; volunteers are called to protest at airports and Congressional town hall meetings; the leftist media springs to action in support of these activities; the twitter sphere lights up with social media; and violence follows. All of this happens from the ex-president’s signal that he is heartened by the protests.

If Barack Obama did not do enough to destroy this country in the 8 years he was in office, it appears his future plans are to destroy the foundation on which this country has operated on for the last 241 years.

If this does not scare you, then we are in worse trouble than you know.

So, do your part.. You have read it, so at least pass this on so others will know what we are up against. We are losing our country and we are so compliant. We are becoming a “PERFECT TARGET” for our enemy!

 Happy Labor Day, Not Politics of Unions Day!

It feels like Monday's day off is needed more than most. It has been a nonstop year, full of challenges and hardship for virtually every American, and it is not over yet. We could all use a day to take a step back, get away from everything, and think about what matters most.

Labor Day is dedicated to the men and women who are the core of America; the goodhearted, hard-working folks who do not ask for much yet do more than what is asked of them. This year America’s workers deserve extra thanks.

We all know someone who fits this bill. The nurses and doctors and ambulance drivers. The grocery shelf stockers, the factory workers, the farm hands, the meat packers, the truck drivers. The police officers and firefighters. The teachers in the classroom and the home. And so many more.

We especially like how this small-town, southern newspaper editor put it in his Labor Day column: “On Monday, let’s pause to say ‘thank you’ to the American workers who keep this nation running — especially this year. They don’t hear it very often.”

On top of the thanks, Labor Day is a great day to put politics aside. Our culture already expects too much from politics. This year especially, we have seen how the constant back-and-forth can divide us at a time when the nation needs unity.

This conservative activist in Washington, D.C. has the right idea: “Imagine a single day when all the noise stops, when there is no back and forth between your uncle and cousin on Facebook, no CNN on airport televisions, no Fox News alert on your phone. Imagine candidates and pundits dropping politics for a full 24 hours.”

Even if politics does not stop for the day, Americans can still choose to tune it out, connect with old friends or make some new ones, and celebrate the best of our country. It would be good for the heart rate. And it would be great for America.

Joe Biden’s policies are bad news for students and parents

 

Joe Biden’s policies are bad news for students and parents. 

The Biden platform is filled with promises to shovel more money toward a broken education system that fails millions of kids — and would shut off programs that give families the freedom to send their kids to better schools.

School choice is one of the most important issues for American families and future generations. Yet on point after point, Biden has made clear he wants to restrict choice and repeal programs that work.
 

- Voucher Programs. Biden says he opposes any plan that lets students pay for private school using the money that would have been spent on their public school — which is called a voucher. He has already promised to end one voucher system in D.C., the Opportunity Scholarship Program, which overwhelmingly benefits Black and Hispanic students.

- Charter Schools. Biden didn’t mince words: “I am not a charter school fan.” Yet charter schools — which are public schools that have the freedom to innovate — have been proven to work, especially for students from low-income communities and urban areas.

- Scholarship Programs. The Biden-Sanders unity platform explicitly opposes the creation of tax credit scholarships, which encourage people to make donations that help kids attend better schools. Once again, these programs work for the neediest students.

- Education Savings Accounts. The Biden-Sanders platform also opposes letting families set up a tax-deductible account to help pay for schooling costs and learning materials. Biden is against giving families even a little control over their kids’ education.

What do Biden’s education policies have in common? They are exactly what teachers unions want. The unions fear any competition which could make them look bad or force larger reforms to the traditional schooling model. 

Biden’s positions are similar in another way, too: They would hurt countless kids who couldn’t get the world-class education they deserve. America deserves better than more of the failing educational status quo.

 Biden’s Disastrous Plan for American Energy

In Pennsylvania this week, Joe Biden asked: “Do I look like a radical socialist?” The better question is whether the socialists who are gaining power in the Democratic Party are exerting a greater influence on Biden’s platform. The answer is clearly yes.

Since Biden was in Pennsylvania to talk about energy policy, it is worth starting there.

 Fracking. Which Joe Biden should Americans believe on fracking: the one who said he would “make sure it’s eliminated” and agreed with the socialist Bernie Sanders that it should be banned, saying “no more”? Or the Biden who now says the opposite?

It is telling that Kamala Harris, his VP pick, favors the total fracking ban that’s part of the Green New Deal. So do the socialist activists who increasingly dominate the Democratic Party. It is hard to see Joe Biden standing up to them, especially since he’s already caved to their demands to move further left.

Green New Deal. Joe Biden avoids saying he supports the Green New Deal demanded by the Democratic Party’s most radical wing. But activists and journalists have spent months pointing out that Biden’s energy plan is the Green New Deal in all but the name.

It’s true: Biden’s $2 trillion plan would raise electricity prices on families, dole out untold billions of dollars in corporate welfare to politically-favored energy companies, and put America back in the Paris Climate Accord — hurting our economy while strengthening adversaries like China. No matter what he calls it, Biden’s energy plan is a raw deal for Americans.

When Joe Biden was vice president to Barack Obama, they enacted some of the most economically harmful energy policies in American history. Four years later, the Democratic Party is even more extreme on energy, and Biden is set to go with the radical flow. The losers will be the millions of Americans who could soon be paying more, losing jobs, and facing blackouts.