IMPLIED POWER OF THE SUPREME COURT

 

The authority of the Supreme Court that extends beyond the explicitly listed powers of the constitution is implied powers. 

The implied powers are an assumption based upon what the court believes are reasonable, assumed and necessary to carry out what the constitution says.

The Supreme Court has overturned its own past constitutional precedents about 236 times since 1789, about 1% of its rulings. 

Some Examples of the court overturning its own rulings are:

Brown v Board of Education 

Robb’s v Jackson Women’s Health Organization 

Plessy v Ferguson 

Roe v Wade

Bowers v Hardwick

Abode v Detroit Board of Education 

Chevron USA Inc v Natural Resources Defense Council 

Miners School District v Gobitis 

There are over 200 more examples of the Supreme Court reversing its decisions but in each one there was always some collateral damage.  Even in such a small number of reversals is sufficient proof that human courts are far from perfect.  

In the examples of Roe vWade and Plessy v Ferguson many people born and unborn were innocent victims of a previous bad ruling.  

Today with the rise of Communism and Socialism the Communist Control Act, if attempted to be enforced, would be struck down by the court for violating first and fifth amendments. It is extremely ironic and moronic for the court to strike down the CCA, an act that prevents their own destruction by using the very constitution the Communists want to destroy. Does anyone believe that the founders of the nation would permit an anti constitutional political movement like communism and socialism, that has the goal of abolishing the constitution, to exist in the nation ?  Is that line of thought reasonable , assumed or necessary ?  It is apparent that the court either doesn’t recognize the threat of these communists or they are bound to the idea of implied powers thinking it is reasonable, assumed and necessary to allow communists to hold federal, state and local government offices.  

My father called people of this mindset educated idiots that can’t see the forest for the trees.  The Supreme Court is so tangled up in its thinking that it will rule in favor for a political ideology that would abolish them.  

Implied powers have the danger of making law from the bench but making law is the purview of congress not the court.  I have in other articles shown the illogical thinking of the justices in things like immigration, abortion, racism and the separation of powers.  

The practice of implied powers needs to be abolished and if there is any doubt as to what the founders prescribed for the nation in the constitution the Supreme Court must remain neutral and turn the matter over to congress to make or amend laws.

It is mind numbing to think that 9 unelected people can make decisions that effect us all.