Duty of the Court

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Associate Justice Elena Kagan issued a statement today on the Supreme Court’s opinion in staying out of gerrymandering.

Associate Justice Elena Kagan decried the opinion on behalf of the court’s four liberals. “Of all the times to abandon the court’s duty to declare the law, this was not the one,” she said. “The practices challenged in these cases imperil our system of government.”

Gerrymandering is a dirty trick that is used for political gain by both parties. The only reason she had her comments was because these particular cases were against Republican gerrymandering. She would be with the majority if they had been Democratic gerrymandering cases. I totally agree with the Court’s opinion in this matter. The courts need to stay out of the issue.

I am appalled with Justice Kagan’s statements however and I question her knowledge of our system of government and the role of the Courts within it. Her statement shows that she does not understand our Republican form of government and what powers and duty the court possesses.

The Court does not have the duty of declaring law or the power to do so. This is the power granted in the US Constitution to the legislative body alone.  And with an Associate Justice of the highest Court stating such an obvious and wicked falsehood is dangerous to our Republic and system of government.

As a clear reminder of forgotten civics, there are three branches of government within our Republic. They are NOT co-equal at all and have separate powers. Each power is explicitly listed in the US Constitution. The duty of the Court is to apply the law, not dictate it.

Associate Justice Elena Kagan, in her own words, has stated her belief in the supremacy of the Courts and the usurpation of powers granted to Congress. For these reasons she should be removed from the bench under Article III, Section 1 of the US Constitution. As this is not a good Behavior which is required for her office and appointment.