I found this Henry Marc Holzer column that is not all that long, but packed full of interesting analysis of the Supreme Court. Holzer first pointed out that Justice Kennedy could take over as the swing vote:
Judge, now Chief Justice, Roberts dazzled the Senate Judiciary Committee and was easily confirmed.
Judge Alito will similarly impress the Committee, albeit in a more understated manner, and he too will be confirmed.
Their addition to the Court now makes for a solid four-justice conservative bloc: Scalia, Thomas, Roberts, and Alito.
The solid liberal bloc consists of Justices Stevens, Souter, Ginsburg, and Breyer.
That leaves Justice Anthony Kennedy—sometimes a fellow traveler of the conservatives, and sometimes of the liberals—as the swing vote.
Holzer then explains how the left implemented their judicial tyranny:
The problem for the Supreme Court’s new conservative bloc is that from at least the beginning of the New Deal in the 1930s, liberal justices in decision after decision—creating precedent after precedent—judicialized their personal policy preferences, ignoring the Founders’ intent and subverting the Constitution.
Primarily, there have been two vehicles that made the subversion possible: the Interstate Commerce Clause, found in the Constitution’s Article I, Section 8, and the Fourteenth Amendment’s "Incorporation Doctrine," found nowhere in the Constitution.
The Commerce Clause cases shifted the center of political gravity from each of the states to the federal government—essentially to Congress and its bastard offspring, the administrative agencies—exalting federal power at the expense of the intended beneficiaries of the Tenth Amendment, the states and their citizens. It also widened the chasm of accountability of government. This was a betrayal of the federalism principle, which bespeaks of shared power between the federal government and the states and their citizens.
The Incorporation Doctrine—making applicable to state action via the Due Process Clause of the Fourteenth Amendment virtually every provision of the federal Bill of Rights—shifted power from state legislatures to federal courts (especially to the Supreme Court of the United States).
Holzer then explains what the conservative judges must do to return the Constitution to the people:
Relying on its power to regulate "interstate" "commerce," the Supreme Court has upheld Congress when it controlled the price of wheat grown at home for personal consumption. Similarly, the Court has upheld many other exercises of Congressional power when its statutes neither affected interstate activity nor in any way involved commerce. In doing so, Supreme Court liberals "grew" the federal government, while simultaneously shrinking the role of the states, despite the clear dictate of the Tenth Amendment that "[t]he powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
The Fourteenth Amendment provides, in part, that "[n]o State shall . . . deprive any person of life, liberty, or property, without due process of law . . . ." In time, the Court defined "due process" to be synonymous with virtually every provision of the Bill of Rights. In other words, just as "Congress shall make no law respecting an establishment of religion" because of the First Amendment, California, according to the Supreme Court, can make "no law respecting an establishment of religion" because of the Due Process Clause of the Fourteenth Amendment.
This "incorporation" of the Bill of Rights against the states via the Fourteenth Amendment’s Due Process (and Equal Protection) Clause is responsible for the creation of scores of ersatz "rights" and the subversion of the Constitution as originally conceived and written.
If the new Supreme Court’s near-conservative majority is to rescue the Constitution, they must begin with proper interpretations of the Commerce Clause and they must scale back the freewheeling Fourteenth Amendment decisions that have virtually rewritten our Fundamental Charter.
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