Roberts second guesses policy making decision on census, violates separation of power doctrine


#1

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?”

JWK

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.


#2

What really disheartening is that when the Democrats appoint a justice to the Supreme Court, they get exactly what they expected … a hard core left wing, legislate from the bench, activist. When the Republicans nominate a justice, it’s a crap shoot. George H. W. Bush nominated a David Souter, who be came a total turncoat. His son nominated this Roberts person, who can be counted upon to fail us when the chips are down.

When do the Democrats get any unpleasant surprises? Never!


#3

Let us not forget that Obama asked this very question in the 2015 “THE AMERICAN COMMUNITY SURVEY”, sent by the Census Bureau!

Question “8” asked of “Person 1” reads "Is this person a citizen of the United States?"


JWK

The Democrat Leadership is correct! The border crisis has been manufactured. It has been manufactured by the Democrat Leadership in Congress refusing to protect our borders against an ongoing invasion.


#4

President Trump needs to tell Justice Obamacare Roberts, the question is being asked for the same reasons Obama asked it!

JWK

The Democrat Leadership is correct! The border crisis has been manufactured. It has been manufactured by the Democrat Leadership in Congress refusing to protect our borders against an ongoing invasion.


#5

The bottom line question is, why was it constitutional for Obama’s Census Bureau to ask “Is this person a citizen of the United States”, and un-constitutional for today’s Census Bureau to ask the very same question? Keep in mind that Section 2 of the 14th Amendment requires the distinction between citizens and non-citizens to be made with reference to apportionment.

It appears Justice Roberts believes he is vested with a power to strike down laws and policy making decisions that do not meet his personal sense of fairness, reasonableness and justice, which in fact is second guessing our Constitution which actually requires, by Section 2 of the 14th Amendment to make a distinction between citizens and non-citizens with reference to apportionment.

Justice Roberts, who also embraced our federal government entering the states and meddling with the people’s unalienable right to make their own medical choices and decisions, needs to be held accountable for his acts of sedition and personal war against our Constitution.

JWK

"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


#6

Roberts can’t be held accountable, since he’s been appointed for life, unless he is guilty of an impeachable offense. If ignoring the constitution were grounds for removal, old lady Ginsberg would have been out years ago. She dislikes the constitution so much that she has gone to foreign countries and told them it’s outmoded and should not be used as a blueprint for their legal systems.


#7

Nonfeasance, misfeasance and malfeasance are impeachable offenses.

JWK