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To: joesnuffy

If I were a 1940s/1950s/1960s Soviet Analyst trying to find out how to break the bonds that make America so great, I would start by looking at the Constitution. I would say to myself "Where's the flaw in the original constitution?" And then I would realize that although our system is set up on a system of checks and balances throughout the three branches of government, I would realize that one branch has far more power over the other branches and far ess power over it: The Judicial Branch.

In the executive-legislative relationship, there is an excellent "checks and balances" system: The Executive Branch can veto congressional legislation by the stroke of a pen, and the legislative branch can pass veto-proof legislation.

But moving on to the Judicial-Legislative relationship, there is a disporportional relationship: Congress can pass legislation, but the Judicial Branch can in effect veto it through Judicial Review. To override that decision, a Constitutional Amerndment must be passed with 2/3 support in Congress and ratification by 3/4 of all states. It is a massivley disporportional balance that our Founding Fathers did not see.


As this hypothetical Soviet Analyst, I would then come to the conclusion that by side must work through the courts to get what I want, but how? I would discover that after a painful, bloody Civil War, the United States in it's haste passed an amendment to it's constution, albeit illegally, that outlawed state sovereignty and trumped every other porivision in the constitution. That's right, the 14th Amendment. When fully enforced, the amendment technically states that the laws of one state cannot conflict with the laws of another. Although the Constitution was written to constrain the Federal Government, incorporation of the 14th Amendment into the Bill of Rights makes the Constitution restrict states rights rights as well.

Because of this loophole, all we (the Communists) need to do is pass a law or get a law overturned in only one state and it will apply to all 50.

We will get our friends in to the law profession, who have backstage access to the courts, politics, and business. We can sue, defame, and attack anybody who does not agree with us. Some of our more senior operatives will oneday put a robe on and gain immense power.

It's not a bad plan....


16 posted on 11/06/2004 11:46:18 AM PST by Remember_Salamis (Freedom is Not Free)
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To: Remember_Salamis

It began earlier than the 50's.

http://www.rooseveltmyth.com

read the book. I have a hard copy, it is phenominal!


61 posted on 12/22/2004 5:56:31 AM PST by RaceBannon (Jesus: Born of the Jews, through the Jews, for the sins of the World!)
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