Restoring the Constitution: Afflict Liberals with New Deal Precedent (Part I)

Since the progressive New Deal Court expanded the powers of government to be infinite, maybe it is time to use much of this precedent to afflict ill will on liberals. Do not get me wrong, I normally do not wish ill will on anyone. But until the Left feels the impact of their “living Constitutional” rulings, nothing will be done to correct these egregious injustices. Actually, some Constitutional corrections have already started to happen. For instance, in Wickard v. Filburn (1941), the progressive Court expanded the meaning of the commerce clause to cover just about anything. However, recent decisions in Lopez v. United States, Morrison v. United States, and Bond v. United States the Court restricted the commerce clause to cover only things that are economic in nature. The modern Court also used Wickard v. Filburn to attack a topic close to liberal’s hearts: medical marijuana. In Raich v. Gonzales (2005) the Court held that persons in California could not grow small amounts medical marijuana to overcome bodily pain caused by various medical disorders (even when prescribed by a doctor). Raich, was actually an outcome where the conservative sect of the Court incorrectly applied moral standards over personal rights. After all, shouldn’t the “pursuit of happiness” mean for persons to find ways to avoid pain? Of course, Filburn and Raich could be further used to prohibit the growth of small amounts of marijuana for personal use (states that allow recreational marijuana also allow persons to grown small amounts of the drug for personal consumption). Liberals have assailed rulings such as Wickard, but cry foul over rulings such as Raich. They cannot have both ways. Maybe, if the government starts to pressure liberals using the same precedent they revere, then maybe they will start to see the light.

There are other examples where terrible progressive rulings have been overruled. For instance, the Court has reversed liberal free speech restrictions on campaign contributions using liberal interpretations of free speech to include expressions such as to burn the American Flag. Thus, McConnell v. FEC has essentially been overruled by Citizens United. After all, money is the most common form of property used by persons to express themselves. Thus, it makes sense to lift monetary restrictions and caps placed on campaign contributions so people can express their political views without any First Amendment restrictions.

Also, if the progressive FDR Court can deprive American citizens due process of the law and lock them up in internment camps for national security reasons (Korematsu v. United States), then why should Trump be denied the right to deny immigrants access to the United States for national security reasons?

Laws and regulations which attack businesses, protect unions, and deny citizens the right to pursue a lawful profession without government interference have been liberal favorites. But, competitive federalism allows citizens and corporations to “vote with their feet” and move to states with right to work laws. This forces liberal states to change or face a mass exodus of tax revenue which is exactly what is happening in Midwest and Northeast for several decades. Companies and individuals are moving to the South for better climates and better tax situations.

The Court denied gun rights in United States v. Miller nearly 80 years ago. Circuit Courts used Justice McReynolds convoluted decision in Miller to declare gun rights were not individual, but collective. But the modern Conservative court used liberal tactics to elevate non-constitutional rights such as the right to self-defense. The right of self-defense provided conservatives the opening they needed to declare gun rights are individual and not collective rights in Heller v. District of Columbia and McDonald v. Chicago. Since the 1960s, liberal Courts have been correctly applying the Bill of Rights to the states to protect individual rights, except for of course, the Second Amendment. It was just a matter of time before these shenanigans caught up to these openly bias liberal justices. After all, judges cannot pick and choose which clauses and amendments they like and which ones they do not in the Constitution. Judges must take the good with the bad. For instance, I do not like the Takings Clause, but unfortunately eminent domain is a lawful and permanent part of our society.