The Supreme Court and Why Donald Trump was Elected

Especially for our progressive leftist friends who are either ignorant of, or conveniently forget, how our system of government is supposed to work, here is a very brief lesson on the government of our United States.

We are a CONSTITUTIONAL Republic. A government is a republic when the citizens elect the head(s) of state and other officials to govern the nation. A constitutional republic is a republic whose head(s) of state and other government officials are bound by a constitution.

Therefore, our government is elected by the people, but those elected officials are bound by the rules of our Constitution.

The first three articles of our Constitution are devoted to defining the three branches of our government:

  • Article I defines the duties of the Legislative Branch; Congress makes the laws.
  • Article II defines the Executive Branch; the president enforces the laws.
  • Article III defines the Judicial Branch; our Supreme Court interprets the laws.

The Supreme Court’s duty is to interpret our laws and determine whether specific legislation or action by one of our officials is constitutional – that is, fits within the rules laid out by our Constitution.

It’s plain to see that the Supreme Court is an extremely powerful branch of government and the only one of the three branches that is not elected by the people. Members of the Supreme Court are appointed by the President and are confirmed by a vote of the Senate. They are appointed for life, though they can be impeached by Congress.

That said; the anticipation that Donald Trump could nominate at least one Supreme Court Justice was one of the primary reasons that conservatives voted for him.

Consider for a moment what the court would have been like if Hillary Clinton had been elected and she named the replacement for Justice Scalia. There’s no doubt that she would have named another liberal to the bench. That would have given the liberal perspective a 5-4 majority over conservatives and potentially changed the direction of our United States for decades to come.

Considering the alternative, that was an extremely powerful reason to vote for Donald Trump.

After the death of Justice Antonin Scalia, the court was essentially split on ideological principles between four conservative justices (Roberts, Alito, Thomas, and Kennedy) and four liberal justices (Ginsburg, Breyer, Kagan, and Sotomayor). Scalia had been a conservative and President Trump (true to his promise) immediately nominated another conservative, Neil Gorsuch, to the court. He was confirmed in April and brought the court back into what is expected to be a 5-4 lean towards a conservative viewpoint.

Since Justice Gorsuch has yet to vote on a court matter, his viewpoint has yet to be confirmed.

But wait! It now appears possible that President Trump may get to appoint a second Justice.

The two oldest Justices are Justice Ginsburg, who is 84, and currently the oldest justice. She’s had two bouts with cancer as well as some heart problems. The other is Justice Kennedy, who is 80. One (or both) of them would seem to be the most likely candidates to retire during President Trump’s term since both are over 80. Earlier this year, there was some talk of Justice Ginsburg retiring, but in the past week, there’s been a lot more talk that perhaps Justice Kennedy would be the first to go.

There is a world of difference between the ideological perspectives of those two. Ginsburg is an unabashed liberal while Kennedy is generally considered a “mushy conservative” vote since he is solidly conservative on Second Amendment issues but is occasionally disappointing to conservatives on social issues.

In other words, replacing Justice Kennedy with a solidly conservative voice wouldn’t have as much impact as replacing a staunchly liberal justice like Ginsburg with a new conservative justice named by President Trump.

Even though we can’t yet be sure of Justice Gorsuch’s likely votes, we have reason to believe that he will favor a conservative perspective. If Justice Kennedy were replaced by another conservative that would result in a 6-3 conservative majority over the court’s liberals.

And so the Supreme Court, even without handing down a single ruling, is primarily responsible for Donald Trump being elected to the presidency.


Categories: Political


9 replies

  1. Kennedy is a moderate swing vote. Conservative on some, liberal on others. Replacing him with another conservative would be YUGE!

    Ginsberg is a radical Leftist and opponent of constitutionalism. Replacing her with a conservative would be a game changer!!

    Liked by 1 person

  2. Well we can always hope. With the left so against him and the daily attacks I may think that more people aware paying attention and realizing what’s going on
    Great write up


    • Thanks, bescher. Picking SC Justices seems to be one area that Trump cedes to his advisors. If he can name another conservative to the court, that will be good for the country – in my humble opinion.


  3. I don’t agree. But I respect your perspective. Trump doesn’t even understand the Constitution and has had personal battles with the court systems for 90 percent of his life. He probably sued the doctor who pulled him from his mothers womb for assault. I mean seriously, Gorsuch said the word ‘bigly’ at his confirmation. I have respect for Gorsuch and think hes a good choice. But Trump was elected because people thouht he could create jobs. Unfortunately, he has dissapointed on many fronts. And to know he could pick two SCOTUS Justices scare me to death.


    • Thanks for your comment, Jared. I can see your point and I wouldn’t object to relegating the Supreme Court picks to ONE of the reasons, rather than the primary one. I can live with that. Why would Trump (with selections made by his advisors) picking another Justice scare you? There’s nothing I’d like better than to see the SC go back to viewing all of their cases through a Constitutional lens rather than to MAKE law. A 6/3 court would suit me fine.


  4. >>”…the Supreme Court … primarily responsible for Donald Trump being elected to the presidency.”

    Yeah, I think there’s a lot of truth in that, Garnet.

    As these replacements come up there will be fierce battles (think Stalingrad), with the Left behaving as though there is some unwritten law that Trump must replace judges with someone of like ideology, and that if he doesn’t it will be “unprecedented” and will (gasp!) change the balance of the court, as if there is some Constitutional mandate about maintaining division in the court. This would be the perfect time, while the American people are in the rare state of paying attention, to re-educate the public on the role of the SCOTUS according to the Constitution. Unfortunately, while I think Trump may pick good justices with the help of the right advisors, I doubt that he will rise to the task of re-educating the brainwashed masses.


    • Yeah, educating the masses isn’t his strong suit – he’d probably screw it up anyway. We can only hope that he will listen to his advisors and name another conservative. And, think of it, Ginsburg can’t last forever – it’s possible that he could name a third Justice! Wouldn’t that piss of the left!


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