When is the Constitution like a Crocodile?

Apparently it is when you are a federal judge with lifetime (taxpayer-paid) tenure on either the District Court of New Jersey or the Third Circuit Court of Appeals, as is clearly demonstrated by case 09-4209, Kerchner et al v. Obama & Congress, et al. If you remember in the District Court, Judge Simandle took it upon himself at the behest of the DOJ lawyers striving to defend Obama (who was initially sued before he took the Oath of Office and while still a private person) by repeatedly violating his judicial oath (meaning violating the Constitution that he swore to uphold).

In case you weren’t aware of that debacle, here’s a reminder (which should be read) so that you’ll have the background required to grasp what’s going on.

"All the extravagance and incompetence of our present Government is due, in the main, to lawyers, and, in part at least, to good ones. They are responsible for nine-tenths of the useless and vicious laws that now clutter the statute-books, and for all the evils that go with the vain attempt to enforce them. Every Federal judge is a lawyer. So are most Congressmen. Every invasion of the plain rights of the citizens has a lawyer behind it. If all lawyers were hanged tomorrow, and their bones sold to a mahjong factory, we'd be freer and safer, and our taxes would be reduced by almost a half."

H.L. Mencken (1880-1956), "Breathing Space", The Baltimore Evening Sun, 1924

Alexander Hamilton and John Marshall would be disgusted with these people

http://wp.me/pkW2J-fj

Read my entire post

Alexander Hamilton in the Federalist Papers #78 wrote the following;

This independence of the judges is equally requisite to guard the Constitution and the rights of individuals from the effects of those ill humors, which the arts of designing men, or the influence of particular conjunctures, sometimes disseminate among the people themselves, and which, though they speedily give place to better information, and more deliberate reflection, have a tendency, in the meantime, to occasion dangerous innovations in the government, and serious oppressions of the minor party in the community. Though I trust the friends of the proposed Constitution will never concur with its enemies,3 in questioning that fundamental principle of republican government, which admits the right of the people to alter or abolish the established Constitution, whenever they find it inconsistent with their happiness, yet it is not to be inferred from this principle, that the representatives of the people, whenever a momentary inclination happens to lay hold of a majority of their constituents, incompatible with the provisions in the existing Constitution, would, on that account, be justifiable in a violation of those provisions; or that the courts would be under a greater obligation to connive at infractions in this shape, than when they had proceeded wholly from the cabals of the representative body. Until the people have, by some solemn and authoritative act, annulled or changed the established form, it is binding upon themselves collectively, as well as individually; and no presumption, or even knowledge, of their sentiments, can warrant their representatives in a departure from it, prior to such an act. But it is easy to see, that it would require an uncommon portion of fortitude in the judges to do their duty as faithful guardians of the Constitution, where legislative invasions of it had been instigated by the major voice of the community.

I wonder if it would be any better if we banned law schools and had ordinary citizens “Read for the law” like they did a hundred or so years ago

Actually, if we could just stop them from making personal deals with each other we'd be better off. This business about lawyer A going to lawyer B and saying “if you will give up on the Jenkins case I'll give up on the Henderson matter” is what lets them get away with things ... particularly when there is a few hundred thousand for them to pick up in the bargain

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