KUCH SAYS... Who is REALLY in Charge?
The debate in Conservative circles is often around who runs the White House. However, this week there is a new debate for Conservatives. Who is really the Speaker of the House? In a series of Amendments proposed to FISA, Speaker Johnson voted against the requirement of a Warrant. While it was not the tie-breaking vote, it was the single vote necessary to defeat the Amendment.
The Warrant requirement is part of the bedrock of our Constitution.
The Fourth Amendment
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
There is no ambiguity in this text, "...and no Warrants shall issue, but upon probable cause, … and particularly describing the place to be searched, and the persons or things to be seized."
Unless it states somewhere in the US Constitution that Congress may unilaterally pass laws that violate US citizens' constitutional rights, it is indisputable that FISA is a violation of the US Constitution. Unfortunately, we do not have a Supreme Court that believes in individual rights as DEFINED by the Constitution. Instead, we have a SCOTUS, led by Chief Justice Roberts, that is more interested in the political fallout of rulings than weighing the Constitutionality of the cases.
Further, in President Trump's appointment of Justice Barrett, she has shown herself a Roberts' female clone. I, personally, experienced a great pause when during her Senatorial appointment hearing she voiced considerable ambiguity about the Ninth Amendment.
"Senator John Kennedy:
Tell me what the Ninth Amendment means.
Amy Coney Barrett:
Well, the Ninth Amendment was once famously described by Judge Bork as an inkblot. The Ninth Amendment has not been fleshed out in litigation. I don't think it's an inkblot, just to be clear. But it's not one that there's a whole lot of case law on."
The Right to Privacy, as I have argued in past columns, is a Constitutional right granted in the Fourth Amendment and implied under the Third and Ninth Amendments. ACB, in judicial writings, has a different opinion.
I raise the judicial philosophy of Justice Barrett as I am concerned that SCOTUS will reject future court cases challenging the Constitutionality of Warrantless searches by a single vote. With Barrett and Chief Justice Roberts joining the three liberal justices on the Court, I foresee a SCOTUS 5-4 ruling upholding warrantless searches.
Despite my repetitive readings of the US Constitution, I fail to find anywhere in the Constitution an EXCEPTION CLAUSE to the Warrants requirement. Further, as Chief Justice Roberts implemented with Obamacare, the Court will point to a single line of text in the Constitution which empowers the legislative branch with the power to pass legislation that violates our Fourth Amendment rights.
Speaker Johnson had the power to ensure this future angst would never occur. Instead, his puppet master lowered the boom. The question remains, who is REALLY in charge of the Speaker of the House? The Speaker is certainly not his own man. Whose man is he?
· We can debate the question of Ukraine aid.
· We can debate spending trillions of dollars.
· We can discuss the Federal legislature comprised of ex-military and lawyers.
· We can debate why Congressional citizens' issues of importance no longer have representation in Congress.
There is no debate on the Fourth Amendment. The government cannot search you without a warrant. If by a miracle of God, the Republicans retain the majority in the House of Representatives this Fall, they cannot reelect Johnson as Speaker. He is compromised.
Furthermore, it is apparent by the casting of votes by elected officials, that there is not a single Congressional representative who is not compromised. There were 87 Republican representatives who joined with Democrats to vote down the Warrant Amendment including military industrial complex stooge Crenshaw, his fellow stooge toupée Turner, and the clueless Young Kim (CA). It may be time to go outside Congress to elect a Speaker of the House. There is no constitutional requirement that the Speaker be a member of Congress.
In closing, I will float two names as Speaker – Devin Nunes and Vivek Ramaswamy. As a Congressional representative, Nunes was a great protector of the Constitution. Without his work as the House Intelligence Committee Chairman, the Intelligence Community may have succeeded in removing President Trump in his first two years in office. Devin Nunes is a great American. Vivek has shown himself to be a man of high intelligence. He has shown himself adept at handling any high-pressure situation. He would bring a wrecking ball to the corruption within the Congressional sub-committees where all the power to betray US citizens' rights is executed.
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Thank you!