Last night, on his "Countdown" program, MSNBC's Keith Olbermann chose the United States Supreme Court as the subject of his special comment, and his outrage -- shared by millions of Americans who understand the ramifications of SCOTUS' gutting of the campaign finance laws -- is likely to build into a crescendo in the coming days and months. Rather than restating what has already been said, I believe it's important for Americans to understand why President Obama and the Democrat's vow to rectify this treasonous atrocity is hollow and most likely a red herring.
Barack Obama is a Constitutional Scholar and was the "first African-American president of the Harvard Law Review. Upon graduation, he returned to Chicago to help lead a voter registration drive, teach constitutional law at the University of Chicago, and remain active in his community." The Democrats in
Congress, by virtue of their positions, should know more about the
Constitution than the average American and must possess far more than a
basic understanding of the legal processes which must be followed to
craft successful legislation.
Based on those facts, a mere reference to "passing legislation" to right this wrong is woefully inadequate. Once again, the leadership failed to convey how serious this issue is and why harsh action must be taken immediately -- that wasting time with ineffectual "legislation" will guarantee the corporate fascists will be victorious in their coup d'e'tat of our nation.
The United States Supreme Court is a separate branch of our government. It is they, when the court is running properly, that hold our lower courts and even Congress accountable for the interpretation of what is and isn't constitutional. And they have already made their decision on the matter!
Yes, the federal courts can declare legislation passed by Congress and signed by the President unconstitutional, but someone who has standing to challenge the law must file a suit first (the Supreme Court can't just pluck a bill off the President's desk and start critiquing it). In order to have standing, an individual must be personally, directly and negatively affected by the law in a significant way and there must be an issue that can be remediated by a court. Not all legislation lends itself well to judicial review.
As entrenched as the five conservatives (sic) seem to be on this matter, they could simply declare any manipulation of the ruling they made to be unconstitutional as well, however the river runs far deeper than that... Our legislative process can be lengthy, and with the GOP believing they are the chosen ones -- a filibuster could effectively stall the processes and procedures necessary to void SCOTUS' decision until irreparable damage was wrought against freedom and liberty.
To the best of my knowledge, there are only three valid choices that President Obama and the Congress can do to address this issue:
1. Amend The Constitution of the United States, which entails:
* Both Houses of Congress must propose the amendment
with a two-thirds vote. This is how all current amendments have been
* Two-thirds of the State legislatures must call on Congress to hold a Constitutional Convention.
2. Impeach Roberts and Alito. (Use their sworn testimony during Congressional Hearings to prove they lied under oath in regard respecting historical precedents.)
3. Arrest Chief Justice Roberts. (As Keith Olbermann pointed out, Abe Linlcoln considered arresting Chief Justice Roger B. Taney for his absurd decision in regard Dred Scott.)
If we (our Congress) were to use option two or three, the "Tea-baggers" and GOP would scream it was the Democratic Party that was guilty of a Coup. Time and time again, those on the far-right have demonstrated they have no respect for our Constitution and the rule of law, so no matter what we do, SCOTUS has set this country on a course that is murky at best -- and the coming days and months will be fraught with suspicion and distrust.
George Bush proved that if you tell a lie often enough, it will be perceived as the truth. Those of us who get our information from the Internet will not be swayed, but the majority of Americans will likely fall for the slick commercials and the relentless propaganda that will flood our newspapers, magazines, television, and Internet. Those in Congress who don't support Corporate America will lose their seats, and the majority who do bow to special interests will forever be entrenched in making decisions that favor their corporate masters -- not the people!
As Keith Olbermann stated at the end of his special comment -- Good Luck.