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We Desperately Need SOME Institution to Execute as Constitutionally Designed
So Very Far Afield
Yesterday’s riotous invasion of the nation’s Capitol building is quite obviously roiling the country.
Who participated in the invasion is in factual dispute. Which means Big Media is ignoring inconvenient facts and solely blaming Trump supporters. Certainly a Trump supporter was shot and killed inside the Capitol by, it seems, Capitol Police.
But here’s a thought experiment:
There have been hundreds of Trump gatherings. All have been violence-free.
There have been hundreds of Antifa-Black Lives Matter gatherings. Almost all have resulted in violence.
Yesterday, many Antifa-Black Lives Matter people were clearly identified in attendance of the Trump gathering.
On which group does logic dictate the blame falls?
And lest we forget - Leftist agitators have a LONG history of invading government buildings.
Trump supporters’ frustration is predicated in large part upon decades’ worth of America’s institutions not doing what they are Constitutionally mandated to do.
Our government is supposed to be limited - and subservient to We the People. It’s been more than a century since any of that was true.
The examples of this ever-worsening situation are more numerous than the stars in the sky.
But generally speaking, the Executive Branch and all its very many agencies don’t do what they’re supposed to do - and do all sorts of things they are not supposed to do. The Legislative Branch doesn’t do what the Legislative Branch is supposed to do - and does all sorts of things it is not supposed to do. And the Judicial Branch doesn’t do what the Judicial Branch is supposed to do - and does all sorts of things it is not supposed to do.
What the Judicial Branch is supposed to do - is render decisions and issue rulings predicated upon the Constitution, the law and the facts presented.
Guess what our judges and judges haven’t been doing? Rendering decisions and issuing rulings predicated upon the Constitution, the law and the facts presented.
Guess what our judges and justices have instead been doing? Ignoring the Constitution, the law and the facts presented - and issuing unilateral fiats predicated upon their desired policy outcomes.
All of which is more than a mite irritating.
As with all things that continue to get worse - things will continue to get worse until they begin to get better. The million mile journey back from judicial lawlessness - begins with but a single step of judicial Constitutional fealty.
Which the Supreme Court has an imminent opportunity to deliver.
"We have Judicial Justices and judges endlessly pretending to be the Legislative Branch – writing ‘law’ themselves rather than determining whether Legislative laws under their review comport with the Constitution….
“All of these devolutions – have been executed to remove We the People further and further from the equation.
“We the People can un-elect Congressmen who write and vote for bad laws. (Well, we could…were it not for gerrymandering.)
“We can do nothing about unelected Executive bureaucrats and Judicial Justices and judges writing bad ‘laws.’
“Decades of this anti-republican nonsense – has delivered us a $4+-trillion-per-year federal government monster – that bears zero resemblance to what the Founding Fathers bequeathed us in their magnificent Constitution.
“Big Tech monster Google – is not stupid. Relatively new in the history of the country – they came into being in this age of non-republican nonsense….
“Google…(has not been) ignoring the Judicial Branch in its efforts to get ‘law’ – where they can not get law.…
“And now one such effort has reached the Supreme Court.
“Google v. Oracle America:
“‘(A) current legal case within the United States related to the nature of computer code and copyright law.
“‘The dispute centers on the use of parts of the Java programming language’s application programming interfaces (APIs), which are owned by Oracle, within early versions of the Android operating system by Google.
“‘Google has admitted to using the APIs….”
Stop right there. Google admits using without permission Oracle’s property? Indeed they do.
And what does the Constitution have to say about Intellectual Property (IP) and its protection?:
“The Copyright Clause (also known as the Intellectual Property Clause, Copyright and Patent Clause, or the Progress Clause) describes an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 8).
“The clause states that:
“‘[the United States Congress shall have power] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.’
“The clause is the basis of intellectual property laws in the United States, specifically copyright and patent laws.”
So it is quite Constitutionally obvious that Oracle is protected - and Google has violated said protection.
This should be a Supreme Court slam dunk.
And an American people - fed up with decades’ worth of our institutions intentionally missing slam dunks - would like to finally see an institution throw one down.
The Court heard the case October 7. We expect their ruling any day now.
This first appeared in Red State.