Two weeks ago , i believe, Justice Sotomayor was confusing De-jure and De-facto during oral arguments in regards to Affirmative Action. Her colleague had to correct her. Just last week Sotomayor made another mistake that I found far more troubling. Her mistake, I feel, represents the fundamental cancer that is eating away at America and came into full view during the 2020 COVID response. First though we look at the constitution:
The US constitution opens as follows:
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Note how it's we the people and not we the government agents. Notice that "we the people" establish, not "we the agents"
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.Note the language. "We the people"..."herein grant...". We the people grant the congress certain powers. Congress doesn't grant power to the people.
Then we have the amendments. In particular:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
"Rights... retained by the people". Not granted to the people. Not given to the people. Not bestowed upon the people. RETAINED by the people.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.And because I suppose the founders figured future generations would be hard headed, they said it again with different language.
"Reserved...to the people."
In short. The people created the constitution that created the government. The people granted power to the government and whatever powers were not granted to the government is RETAINED and RESERVED by the people.
Now the reason I went through this is because this fundamental concept in American law should be well known by all SCOTUS judges. Hence this statement by Sotomayor, is in my opinion is grounds for removal.
"Justice Sonia Sotomayor pointed out the repercussions of doing so. “Neither the federal government nor the states can possibly investigate and remedy every violation of these rights that are given to people,”"
'Rights that are given to people"?
No. rights are not given to people. People may be given privileges but they are not given rights.
Even if one agrees with the overall case, you have to be extremely wary of language creep. Governments and their agents who believe that your rights are things they granted, will inevitably believe they can revoke said rights at will. So whenever you hear someone say the constitution gives them the right to speech or whatever, stop them and correct them.
