The wailing and gnashing of teeth you hear from leftists about the retirement of Justice Anthony Kennedy is their admission that the massive changes imposed on America are not the result of convincing Americans that the left’s ideas are good but of the leftists convincing a few Supreme Court justices to unconstitutionally impose them on the people.

By building their “new” America on a foundation of sand, leftists have exposed their entire agenda to ruin if the Supreme Court stops being a partisan lawmaking agency and returns to its Constitutional role of interpreting the law in the light of what those who wrote it thought and what the words of the law actually say.

In a true representative republic, the government the Constitution defines and the government the people have agreed to live in, who is on the Supreme Court would be a matter of supreme indifference to everyone, because all the judges are supposed to do is apply the law as written and take into account the intentions expressed by those who put the law, which includes the Constitution, into effect.

But since the 1940s, and accelerating in the 1960s, Leftists have remade the U.S. government and enthroned the unelected judges on the Supreme Court as our true masters.

By declaring that the Constitution is a “living” document, judges have asserted the right and the duty to remake our country in the image that they believe is best.

Not one of the socially revolutionary changes that leftists have inflicted on America has been a result of the democratic process.  Among the core leftist issues that have been imposed on the American people by the unelected judges are:

1) Coddling criminals and throwing away valid physical evidence based on technicalities

2) Legalizing pornography

3) Legalizing abortion for any reason at any point in the pregnancy

4) Redefining marriage

5) Saving an unconstitutional ObamaCare by declaring that what the law said were fees and which the politicians who passed the bill said were fees were actually taxes

6) Declaring that religion has to be excluded from the public square while atheism was allowed to stay there

Without activist judges who betrayed their oaths and America by imposing their personal beliefs on America, leftists would have made little or no progress imposing their vision.

While Americans would have supported the ending of beating confessions out of criminals, they'd have been unlikely to support the Court’s saying that a clerk putting the wrong date on a search warrant meant that physical evidence should be thrown out.

Given that the harsh treatment of suspects had been found to be Constitutional for nearly 150 years before the Warren Court decided that it wasn’t, it’s hard to believe that the intent of the Framers or the words in the Constitution justified the sweeping restrictions that the judges placed on the justice system.

There was absolutely no groundswell of support for legalizing hardcore pornography.  In fact, restricting the locations where smut could be peddled was universal and the people, while willing to tolerate mild pornography like Playboy, were not eager to make all types of porn readily available to anyone, anywhere, at any time.

Of course, there’s nothing in the Constitution that supports legalizing pornography. The idea that pornography is speech but protesting outside abortion mills isn’t, is absurd. The First Amendment was designed to protect political speech and the fact that pornography was found to be criminal from the time the Constitution was ratified until leftist judges declared otherwise is clear evidence that the Framers didn’t intend the First Amendment to protect pornography.

The Court’s abortion ruling overturned the laws of all 50 states.  Even the most liberal states only allowed abortions under very limited circumstances, which not surprisingly tend to correspond to the limitations that most Americans today think should apply, but the Supreme Court ruled that abortion was an unrestrictable right that applied from the moment of conception to the instant before birth.

The “right to privacy” invoked by the dishonest leftist judges is nowhere to be found in the Constitution but even if it were, there is nothing private about a mother killing her daughter because she would rather have a son.  The judges declared that they could define which scientifically human beings were not persons.  In that they were following precedent -- previously the Court had ruled that blacks, though human, were not persons possessing rights.

In redefining marriage by judicial fiat, the judges wiped out the votes of 55,000,000 Americans who opposed persecuting gays but agreed with President Obama, before he changed his mind, that marriage shouldn’t be redefined.

It’s clear that the Constitution doesn’t support redefining marriage. In fact, the Constitution specifically says that all powers not explicitly given to the Federal government belong to the States or the people. The Constitution never mentions marriage; hence the Court has no authority to impose any redefinition of marriage on the States.

ObamaCare wouldn’t have passed if Obama had admitted that it included massive taxes on the young to pay for the healthcare of the elderly, which is why the law contains fees and not taxes. Yet leftists got to have their cake and eat it too. They lied to the people about the taxes in order to pass ObamaCare.  The Court dishonestly said that ObamaCare was legal because it didn’t have fees -- it had taxes.

The constant war by the Court on religion was certainly nothing that any significant number of Americans had ever supported. 

Historically Americans have been very keen on Christianity.  Furthermore, the Founders recognized that without religious, Judeo-Christian values, our country couldn’t exist.  Even Thomas Jefferson, the author of the famous “Wall of Separation” between Church and State – who, by the way, used government funds to pay a Catholic missionary to native Americans -- said:

"God who gave us life gave us liberty. Can the liberties of a nation be secure when we have removed a conviction that these liberties are the gift of God?” 

Atheism and secularism don’t teach that we are all imbued with certain inalienable rights but once the biased judges on the Supreme Court created out of thin air a “Wall” of separation between Church and State, something nowhere to be found in the Constitution, the only voices that were allowed in public schools and facilities became the very voices which don’t support the intrinsic value of every person.

If leftists had actually tried to convince people of the value of their agenda, they wouldn’t be facing the potential loss of their entire agenda.  But since at its heart modern American leftism is fascist and leftists view themselves as rulers, it would have probably been impossible for them to knuckle down and actually use the democratic process to achieve their goals. Not to mention that the leftist agenda is odious to most Americans.

Because leftists “know” they’re better than the vast majority of Americans, who in the eyes of leftists are bumpkins and deplorables, they feel no need to convince us of anything, any more than King Louis the XIV felt he needed to win the people’s approval for his actions.

But now those who lived by the Court are facing the death of their tyranny by the very same Court.  We need to stand firm for Trump’s pick and we need to vote this fall to ensure that the leftists can’t take over Congress and impose other monstrosities like ObamaCare on us.

You can read more of Tom's rants at his blog, Conversations about the obvious, and feel free to follow him on Twitter.