Waiting for a new arrival at the Pearly Gates, the aerial skywriter, spelling out “Heaven is on the way to it”, the respondents awaiting the arrival of an original thinker into the jurisprudence of an Associate Supreme Court Justice who immersed his 30 year modus de operamdi into the original intent of our Constitutional Framers… who appointed by President Ronald Reagan (“win one for the Gipper,” Knute Rockne, Notre Dame football coach)
Associate Justice Antonio Scalia, born of immigrant parents from Italy ( Sicily Novella Roma?) and Elmhurst, Queens. Agraduate of Xavier High School.
“Bingo counselor,” he once said from the bench, painstakinglywaiting for a respondent lawyer to respond to his query aboutthe petitioner, raising a farfetched argument in lower courtargument.
II
The reception committee constituting the Federalist Papersapproach, the dictum from Marbury V. Madison, the strict reading of the Constitution and the Bill of Rights
“
What did the Framers mean? Justice Marshall’s strictinterpretation?
What did the Framers mean? Justice Marshall’s strictinterpretation?
III
The chorus of the Hebrew Slaves from “Nabooka”? “A Mishagass” of Honest Abe’s ”Four square and seven years ago”, ricocheting the record through those tedious hours , reading and rereading the Federalist Papers…Justice Scalia’s “Bible”. The strict interpretation of the original thinkers of our Colonial
Contemporary geniuses.
“Benjamin Franklin I n Paris” “Genera George Washington at his Mount Vernon estate in Virginia.. Thomas Jefferson at his digs in the State.
The thinking of his Presidency. The Monroe Doctrine?
And the end runs of Paul Revere Patrick Henry? John Hancock, prime signer of the Declaration of Independence?
Sitting in their black robes, the Justices into their judicial interpretations, sitting authority figures, before the practicionerscould argue the merits before these sitting judicial interpreters….our Uncle Harry acknowledged, he was so honored to appear before the United State Supreme Court in Washington.
A prestigious role, indeed!
IV
The 79 y7ear old Jurist passed away in his sleep in Texas, on a hunting trip. But his passing gave cause to the turmoil in the 3 Branches of our Government. The Executive , Legislature, and Judicial.
A whippersnapper,” chorused the former Supreme Court associate justices, awaiting at the Pearly Gates.
Justices Louis Brandeis, Benjamin Cardozo, Hugh Black, William Douglas
Dissenters like “I won’t go quietly. I earned my legacy.” The Oliver Wendell Holmes, Junior. The younger dissecting with Justice Brandeis in their joint grasp, to thwart the conservative majority from stamping their tough love on the populace living out their dreams in our Democracy.
“Judicial restraint, Counselor,” said the grinning Associate Justice. Scalia.
“Bingo Counselor.”
V
The legalese of “Certiorari”. “Eminent domain”, “Dissent” “Caveat Emptor”
Putting on their black robes, the nine Justices metamorphosed into arbiters of the those strict interpretative Federalist Papers, rejecting any notions or ideas that could impair the original framers of the Constitution. Property rights over and above human rights and practical thinking. The Humanity belongs to the Constitutional framers and their Revolutionary state of mind.
”Dump those barrels of tea. Taxes without representation.Nevar!””
VI
Having embraced the Brandeis Cardozo Hugo Black William Douglas Oliver Wendell Holmes dissents. Yours truly always found himself identifying with the minority, the majority viewalways with property rights and big money…..a frail argument that could make an impact with the status quo.
No way, Jose!
“Politics!” The minority view could never get a break unless Devine Intervention” appeared out of nowhere, to change and alter the pentameters : the factual stage of manipulation, shrewd manipulation of law library cases, justifying a liberal open minded rationale, reversing the Father Founding thinking, heralding a Magnus Corpus interpretation.
VII
One honored Jurist who was constantly denied an appointment to the High Court was Circuit Court Judge Learned Hand. A man of high integrity A larger than life Judge, he may or may not have judicial restraint , opening to an elastic sweeping elation of equitable resolution.(Mr. Riley’s Equity, Southwestern Law)
So our grasp of Judge Learned Hand’s denial in getting Senate approval of a seat on the High Court. Sitting on the bench,wearing his black robes, Judge Learned Hand was never able to get a consensus, for his own name, to be approved for a tenured seat on the Court.
VIII
“Heaven is on the way to it.”
The Pearly Gates closing……..
The Big Apple, February 15, 2016
