How to stop court-packing and save America

Since the left shortly will control the presidency, the Senate, and the House, what remains to save America from total destruction?  Only the Supreme Court of the United States (SCOTUS)!  But won't the SCOTUS be gone, too, once it is packed with leftists who do not believe in the Constitution?  How can the SCOTUS be protected from legislation to pack the Court?  Simple: It can declare court-packing unconstitutional.

Why is it unconstitutional?  Chief Justice Roberts has said the court is non-political, so you cannot pack the court for political reasons.  In the legislation to be put forward and in statements supporting such legislation, there will be ample evidence that the reason for adding justices is to offset the trend toward originalist interpretation of the written Constitution and away from the "living constitution agenda."  The latter interpretation basically says anything goes as long as you have the votes.

I am sure that the five sane justices can come up with an excellent decision striking down the court-packing legislation.  For example, they could say the legislation strikes at the heart of an independent SCOTUS.  Only the originalist interpretation of the Constitution is valid.  Therefore, legislation to foster the non-originalist view is not constitutional.

Further, there is no reasonable argument justifying a number of justices greater than or less than nine.  There is no argument that the nine-justice setup has failed to provide America with generally reasonable decisions over a very long period.  Every court makes mistakes.  The number of justices has nothing to do with mistakes or corrections thereof.

I know that the general view is that the number of justices can be changed and that nine is not written in stone.  What I am saying is that the present court can write nine in stone if it has the courage to do so.

Once packing the court is no longer a possibility, the SCOTUS can move on to an agenda to block leftist anti-American craziness and to promote "America, the Beautiful" — all within the scope of the Constitution.  How will this be accomplished?

Education is number one, since the left controls public education and, in some states, a good deal of private and "religious" founded educational institutions.  Leftist-run education, social media, Big Tech control of the internet, and the entertainment business explain the lack of true knowledge among a large swath of our young people.

SCOTUS must declare education vouchers to be the law of the land without any state-imposed limitations.  Homeschooling, religious-based education, and private education do not need outside control.  Parental involvement is quite enough guidance.

An educational revolution leading to education vouchers for all could be set in play by a nationwide protest against public education.  This would take the form of parents pulling their children from public schools in the many millions with no sign of returning until major changes are implemented, removing the leftist educational agenda.  Call it the Tea Party Education Wing.

Other parts of the SCOTUS agenda to restore America include the following: progressive taxes revoked with a flat tax replacement, free speech with strong enforcement, equal opportunity not equal outcomes, not a nation of tribes, self-esteem decisions reconsidered, federal government agencies and regulations revoked on a large scale, guns and ammo laws pushed back, religious protections supported on a large scale, borders, language, security at home and abroad, debt protections, and a host of other long awaited reversals of the wastrel Imperial City of Washington, D.C.  (See "Turning The Clock Forward" for a more in-depth development of these ideas, if litigants can get the cases before the Court.)

In addition, electoral votes could be tied to counties in key states where Republican legislatures hold sway.  This would dilute the exorbitant power of large metro areas controlled by anti-Americans in presidential election years.  SCOTUS could affirm this approach.

The Harris/Biden/Schumer/Pelosi clique can be contained and even offset by the proposed SCOTUS agenda.  Add a surging, true conservative political party led by Trump, leading to the demise of the wishy-washy Republican Party, and hope springs eternal in America.  While the present political situation appears to be dire, such a situation may light the fire that forces patriots to focus and act dynamically like never before.

Image: Contemplation of Justice statue, Supreme Court.  CC-BY-SA-3.0/Matt H. Wade at Wikipedia.

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