Scalia, Thomas, and the Constitution the Koch Brothers Way

Jan 26 2011 Published by under Uncategorized

When the Founding Fathers set up the American government, they put guarantees in the Constitution that no one branch would control the country. Now that the Supreme Court has inserted itself as co-conspirators with Republicans and Tea Party members in the House, America is a two branch system, the Constitution is no longer the law of the land, and the Koch Brothers have effectively become rulers in America.

Earlier this year, Representative Michele Bachmann (R-MN) invited U.S. Supreme Court Justice Antonin Scalia to instruct Republican and Tea Party representatives in Congress about the Constitution as it pertains to legislating according to revisionist history and religious doctrine. It is disturbing because Scalia mirrors the Tea Party’s originalist view of the Constitution that favors corporatism and ignores the Establishment Clause that disallows favoritism for a certain religion, or the establishment of a national religion. There is no mention of god or the bible in the Constitution, but Bachmann and her ilk continue their drumbeat toward theocracy by repeatedly claiming the Founders were devout Christians and meant for America to follow their lead.

One of the first acts of the 112th Congress was to read the entire Constitution aloud. The problem with the Constitution the Republicans read was that it omitted parts that did not fit into the narrative the conservatives are promoting; that is where part of the danger lies. The revisionist American history the Tea Party and Republicans are selling does not represent the Founders intent when they wrote the Constitution. Scalia and his Tea Party partner Justice Clarence Thomas, earlier this month challenged the scope of the Commerce Clause to set the stage for doing the Tea Party’s bidding and overturning the Affordable Health Care Act.

Thomas’s wife, Ginny, was the leader of a Tea Party lobbying group that benefited from the Citizen’s United decision that gave corporations “person” status allowing them to donate as much money to campaigns as they like. The decision guarantees that corporations will control the government, and based on the increased corporatism Republicans are promoting, Scalia, Thomas, and other conservatives on the high court achieved their goal. Justice Thomas is being accused of not reporting income his wife earned between 2003 and 2007 from the Heritage Foundation. Heritage is an ultra-conservative think-tank that controls Republican policy and is associated with the Koch Brothers and their Cato Institute. The Koch’s have financed Tea Party efforts at stopping health care reform and global climate change initiatives. The Koch brothers are also supporters of Scalia and Thomas’s reinterpretation of the Constitution, and they hosted a secretive gathering of elite conservative industrialists that both justices attended.

Justices often attend and speak at events, but when two of them attend a secret conservative meeting and then vote according to the dogma preached at the event, there is cause for concern. There is more reason to be alarmed when one justice’s wife earns nearly $700,000 from the conservative think tanks, and the other justice begins teaching Republicans and Tea Party legislators the conservative reinterpretation of the Constitution so they can vote to give corporations more influence over the government. Although both men deserve to be impeached for conflict of interest and judicial malfeasance, it is Scalia who is the most dangerous to Americans; especially women.

Earlier this month, Scalia went on record in an interview saying that the equal protection clause of the 14th Amendment does not apply to women. It is impossible to say where Scalia’s notion that women are not equal originates, but the most likely culprit is the bible. According to the Christian bible, women are subservient and are commanded to acquiesce to a man’s will at all times and in all matters. It is unclear if Scalia will teach Michele Bachmann and her Constitution class that Bachmann, according to the original intent of the Constitution and the bible, cannot vote, serve in Congress, or instruct men. The Founding Fathers made no provision for women to vote much less to hold political office. But that may be another omission from the new Republican version of the Constitution. Bachmann is fond of rewriting American history and constitutional law, so perhaps in her mind women wrote the Constitution and always had the right to vote and serve in Congress.

Constitutional history notwithstanding,  there is a problem when Supreme Court justices attend a Koch Industries secret meeting and then teach Republican and Tea Party legislators how to pass laws that benefit corporations. The problem is amplified when one of the justice’s wife is funded by a conservative think tank and starts a Tea Party lobbying group to overturn existing legislation when it comes before the Supreme Court. It is no secret that conservatives’ prime directive is to “corporatize” the government and suppress women, minorities, and the middle class. At the Koch Industries secret meeting, one of the seminars dealt with enriching the wealthy and pacifying the poor with buzz-words and catch-phrases. There was no mention of a middle class at the conservative-minded Koch event; just the wealthy and the poor.

There is a judicial ethics problem for Scalia and Thomas, and only time will tell if either of the activist Justices will face an investigation. Chances are they will not because Republicans control the House and can stall or stymie any inquiries indefinitely. The bigger issue and threat is to the American people and the government itself. With Scalia teaching Republicans how to vote according to the Constitutional reinterpretation of extreme conservatives like the Koch Brothers funded Tea Party, it is a matter of time before all semblance of democratic rule is totally erased. In its place will be a corporatist government whose main task will be enriching corporations at the expense of the serfdom that was once the middle class.

Michele Bachmann’s role in the corporate takeover should not be diminished or trivialized even though she is being used and abused by the Koch Brothers; her stupidity is no excuse and she owns a share of the blame. Bachmann may as well invite the Koch Brothers to teach Republicans and Tea Party members how to vote according to the Koch-Scalia-Thomas interpretation of the Constitution. If it progresses to its logical conclusion, the Koch Brothers will be the Congress, or worse yet, the Koch-Constitution will allow the Supreme Court to appoint Koch Industries as ruler, just like they appointed George W. Bush as president in 2000.

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