POWER TO THE PEOPLE

An important theme seems to run through several recent Supreme Court decisions: that the power in this country belongs to WE THE PEOPLE.  Too many seem to have forgotten this and simply stood by as various governmental bodies seized more and more power that is not rightfully theirs.  The Court did much to right the ship of state in its decisions released this month.

• The Court did not evade its own usurpation of the people’s power.  It acknowledged that it had overstepped its authority when it created an unstated constitutional right out of thin air.  It reversed its error and returned the power to create a right to abortion to the states and the people where it rightfully belongs. (Dobbs v. Jackson Women’s Health Organization)
• On its last day of this term, the Court ruled that governmental agencies (in this case the EPA) do not have expansive, unlimited power to make environmental mandates absent a grant of that power to the agency by the Congress (which is the voice of the people). (West Virginia v. Environmental Protection Agency)
• In ending President Trump’s remain in Mexico immigration policy, the Court noted that federal law allows such discretionary actions by the Executive.  Because such policy is discretionary, and because the people have chosen a different Executive, it follows that such policy or change in policy reflects the voice of the people. (Biden v. Texas)
• In deciding that a school coach has the right to kneel and pray following a game, the Court reminded us that we have the freedom to exercise religion and that it is not the job of governmental entities to seek out and deny such acts that are not intended to impose a particular religion on anyone.  The Court held that the Constitution neither mandates nor permits the government to suppress such religious expression.  That is, again the Court reminded us not only of our rights and the limitations on government to interfere with those rights, but also of the duty of those who live in a pluralistic society to be tolerant of the beliefs of others. (Kennedy v. Bremerton School District)
• The Court also held that Maine’s “nonsectarian” requirement for tuition assistance violated the free exercise clause of the First Amendment, again protecting the people’s right from government intrusion.  (Carson v. Makin)
• The Court held that representatives of North Carolina’s state House of Representatives and Senate could intervene in voter ID-law litigation.  As such, the people, through those representatives, will have their voices heard.  (Berger v. North Carolina State Conference of the NAACP)
• The Court held that a state firearm regulation requiring “proper cause” to carry, prevents law-abiding citizens with ordinary self defense needs from exercising their Second Amendment right to keep and bear arms. Here, the Court did as the Constitution expects and requires:  it protected the enumerated rights of the people from intrusion and limitation by the government. (New York State Rifle & Pistol Association Inc. v. Bruen)

Of course the Court decided more than the above cases, and the summaries of those noted above are brief and simplified; all opinions contain far more detailed legal argumentation and reasoning as well as dissenting or concurring opinions that offer further commentary on the majority decision.

Do I, do most people, like the result of every case?  No.  But the Court's job is not to do what is popular but to read the Constitution and remind us of what it says and make sure that by following our Constitution and rule of law that we maintain our carefully constructed democracy.

I rejoice in the fact that at the end of this term the Court provided us with a number of opinions to remind us of the power structure in our government of/for/by the people.  The governmental institutions exist to serve us, not to control us.  We the people hold the power.  We have certain rights, some enumerated in the Constitution, some which we can ourselves create through our representatives and the political process.  But the rights are ours, not the government's to create, grant, or remove. 

Of course, the exercise of our power requires work.  While protests and demonstrations are a way of voicing opinions and desires in the public square, the way to make those desires a reality as a part of our government and our rule of law, is to work through our elected officials to shape our government.  That begins when we cast our vote.  It requires us to be informed of how our government and our political process works and to understand the ways in which we can exercise our voice.  It also requires us to be gracious when we do not get our way and to understand that we cannot have the diversity and pluralism that make this country great without also exercising tolerance of those with whom we disagree.

I am grateful to the Court for reminding us of these things.  I am grateful that the Framers were wise enough to include a non-political branch of government which can keep us focused on who and what we are and ease us back on course when we forget what our democracy is or how it works. 

I only wish that those who are attacking the Court for judgments the results of which they find displeasing, would understand what the Court’s role is and respect it.  How different the behavior of our current president from that of President Kennedy when faced with a decision not to his liking that prohibited prayer in public school.  The following is from President Kennedy’s News Conference on June 27, 1962:

 QUESTION: Mr. President, in the furor over the Supreme Court's decision on prayer in the schools, some members of Congress have been introducing legislation for Constitutional amendments specifically to sanction prayer or religious exercise in the schools. Can you give us your opinion of the decision itself, and of these moves of the Congress to circumvent it?

PRESIDENT KENNEDY: I haven't seen the measures in the Congress and you would have to make a determination of what the language was, and what effect it would have on the First Amendment. The Supreme Court has made its judgment, and a good many people obviously will disagree with it. Others will agree with it. But I think that it is important for us if we are going to maintain our Constitutional principle that we support the Supreme Court decisions even when we may not agree with them.

In addition, we have in this case a very easy remedy, and that is to pray ourselves and I would think that it would be a welcome reminder to every American family that we can pray a good deal more at home, we can attend our churches with a good deal more fidelity, and we can make the true meaning of prayer much more important in the lives of all of our children. That power is very much open to us.

I would hope that as a result of this decision that all American parents will intensify their efforts at home, and the rest of us will support the Constitution and the responsibility of the Supreme Court in interpreting it, which is theirs, and given to them by the Constitution.

If only our current President, our politicians, and all of our citizens would understand the great gift that we have in this country and that we have the Supreme Court to remind us when we forget.   These opinions should wake us not to fear but to joy in our rights and our responsibilities.  It is our duty to work constructively together through our elected representatives to create the rules that this great nation deserves.

I am both thankful and proud that I am a small part of our country’s legal system.  Like everyone, I do not always agree with the Supreme Court, but I do respect it.  And now that it has blatantly reminded us that we the people have the power, rather than disrespect or work to destroy this great institution I wish the people would understand that they do not need to destroy in order to simply seize the power that they already hold.