It appears with all the noise about the question “Is this person a citizen of the United States?” we are overlooking Justice Roberts has usurped legislative power by second guessing a legitimate policy making decision.
In regard to this assumption of power Justice Stone reminds us that:
”The power of courts to declare a statute unconstitutional is subject to two guiding principles of decision which ought never to be absent from judicial consciousness. One is that courts are concerned only with the power to enact statutes, not with their wisdom. The other is that while unconstitutional exercise of power by the executive and legislative branches of the government is subject to judicial restraint, the only check upon our own exercise of power is our own sense of self-restraint. For the removal of unwise laws from the statute books appeal lies, not to the courts, but to the ballot and to the processes of democratic government.” U.S. v. Butler, 297 U.S. 1, 78-79 (1936)
Additionally, the court in Hillis v. Department of Ecology, 131 Wash. 2d 373, 932 P.2d 139 (1997) pointed out:
”Just because we [the courts] do not think the legislators have acted wisely or responsibly does not give us the right to assume their duties or to substitute our judgment for theirs.”
And, in ELDRED et al. v. ASHCROFT, ATTORNEY GENERAL (2003) the court unmistakably confirmed:
……we are not at liberty to second-guess congressional determinations and policy judgments of this order, however debatable or arguably unwise they may be…The wisdom of Congress’ action, however, is not within our province to second guess.
And finally, Justice Black, quite eloquently addressed the issue as follows:
“The public welfare demands that constitutional cases must be decided according to the terms of the Constitution itself, and not according to judges’ views of fairness, reasonableness, or justice.” – Justice Hugo L. Black (U.S. Supreme Court Justice, 1886 - 1971) Source: Lecture, Columbia University, 1968
The bottom line is, Justice Obamacare-Roberts has repeatedly violated the most fundamental cannons and principles of our constitutionally limited system of government and the fundamental rules of constitutional construction by interfering with a legitimate question being replaced on our census form . . . “Is this person a citizen of the United States?”
Without a Fifth Column Media and Yellow Journalism [ourMSM], the crisis at our southern border would never have grown to what now amounts to an outright invasion and threatens the general welfare of the United States.