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Betrayed By The Bench
Gun Owners of America ^ | Jan 2006 | Larry Pratt

Posted on 02/06/2006 7:26:36 PM PST by Tailgunner Joe

John Stormer is an amazing author. He has sold over 11 million books. One, None Dare Call It Treason, sold 7 million. That was in 1964 when there was no internet, no faxes, no talk shows for conservatives. Stormer may have been the first to put a coupon in the back of the book for additional orders.

So, a new book by John Stormer means we can assume that he has something else to say. Indeed he does.

In Betrayed by the Bench, Stormer traces the lawlessness of so many of today's rulings to the revolt against the common law that is Christian through and through. The revolt was led from the Harvard Law School by professors such as its Dean, Roscoe Pound. The replacement was the tyranny of case law.

The case law preferred by Pound and his followers allowed them to slip out from under the constraints of the timeless and universal precepts foundational to the Common Law. Case law allows judges to "make law." One of Pound's followers, Chief Justice Charles Evans Hughes, made this amazing statement: "We are under a constitution, but the constitution is what we say it is."

Equally as amazing as Hughes' assertion was the failure to impeach him for violating his oath of office. But as Stormer points out, the idea of absolutes binding men died in the pulpits before it died in the civil realm.

Stormer calls the result of judicial lawmaking "an on-going Constitutional Convention." I would call it a coup d'etat. This coup has been hard to spot because the judges did not have a bunch of colonels circling the seat of government with tanks. We have witnessed a coup by increments -- something that is much harder to detect.

There has been a concerted effort to exclude the Declaration of Independence from the corpus of binding law. This is a legal impossibility in view of the nature of the Declaration -- it is a contract much the same as Articles of Incorporation are. No one is at liberty to unilaterally change the terms of a contract.

Our fourth president, John Quincy Adams, had this to say about the foundational role of the Declaration for the Constitution and laws made pursuant to it:

The virtue which had been infused into the Constitution of the United States…was no other than... those abstract principles which had been first proclaimed in the Declaration of Independence -- namely the self-evident truths of the natural and unalienable rights of man... and the sovereignty of the people, always subordinate to the rule of right and wrong, and always responsible to the Supreme Ruler of the universe for the rightful exercise of that power. This was the platform upon which the Constitution of the United States had been erected.

The boldness of the Court's usurpation is somewhat like the old line of the crook who is caught in the act exclaiming, "Who do you believe, me or your lying eyes?" To give but one example, consider the 14th Amendment. The 39th Congress expressly stipulated that the Amendment was not designed to control schools, voting and elections. Indeed, that was so well understood that the 15th Amendment was enacted in order to deal with voting.

The record of the clear intent of the framers of the 14th Amendment has not stopped the Supreme Court from inventing the doctrine of incorporation out of thin air. This has allowed the Supremes to increase consolidation of power in their own hands (and in the hands of their willing accomplices in the legislative and the executive branches) in Washington. This has been done at the expense of the Constitutional reservation of most governmental powers to the states and to the people.

Incorporation might be best understood by thinking of it as incorporating stolen powers. The lack of jurisdiction for many of the Court's decisions is comparable to the city of Paris levying a tax to be paid by citizens of the United States in the U.S.

Incorporation is now being expanded by a majority (six of the nine justices) of the Supremes to allow for foreign law as a guide to their judicial lawmaking. When the Court recently overturned capital punishment for an 18-year old who had cold-bloodedly murdered a neighbor when he was just a "child" of 17, Justice Breyer claimed the support of the murder law in Zimbabwe. Zimbabwe! The country run by a thug who has proclaimed himself a black Hitler!

Gun owners should not be surprised when the gun control laws of some other thugocracy such as Cuba form the basis of a Supreme rape of the 2nd Amendment. Americans generally should not be surprised at any unconstitutional notion the Supremes may take into their heads.

One challenge we face in freeing ourselves from this judicial tyranny is that they have the benefit of a mind fake that has us believing that anything, no matter how outrageous, that comes out of the mouth of a judge is law. Hence we see other government officials -- who have all taken the same oath of office to uphold the Constitution -- violating their oaths by obeying unconstitutional edicts of the Supreme Court. This is otherwise known as "upholding the rule of law." Of course, it is anything but.

Until "We the People" remember that we only gave the crowd in Washington a very limited amount of power to do only a very few things, we will continue to be ruled by unelected and unaccountable politicians wrapped in black robes.


TOPICS: Constitution/Conservatism; Culture/Society; Editorial
KEYWORDS: activistjudges; constitutioninexile; judicialactivism; judicialactivists; judicialtyranny; transjudicialism

1 posted on 02/06/2006 7:26:37 PM PST by Tailgunner Joe
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To: Tailgunner Joe

Treason doth never prosper: what's the reason?
Why if it prosper, none dare call it treason.

--Sir John Harrington, "Of Treason"
Epigrams (bk. IV, ep. V)


2 posted on 02/06/2006 7:35:01 PM PST by Cicero (Marcus Tullius)
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To: Tailgunner Joe

Case law is no law at all. Only the legislative branch is empowered to create laws under our Constitution.


3 posted on 02/06/2006 7:44:50 PM PST by Abcdefg
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To: Tailgunner Joe

I bought "None Dare Call it Treason" when it came out in paperback, late '64 as I recall.
I wasn't the only one in my high school to do so.


4 posted on 02/06/2006 7:46:21 PM PST by Redbob
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To: Tailgunner Joe

I bought "None Dare Call it Treason" when it came out in paperback, late '64 as I recall.
I wasn't the only one in my high school to do so.


5 posted on 02/06/2006 7:47:52 PM PST by Redbob
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To: Tailgunner Joe
Our fourth president, John Quincy Adams??????
6 posted on 02/06/2006 7:52:12 PM PST by gusopol3
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To: Redbob
He wrote a book called None Dare Call It Education in 1998. In the introduction, he said that anyone under age 50 would have a hard time comprehending the changes going on within the American education system. The entire book is about those changes, and the negative impact they have had on our society.

The book is excellent. I highly recommend it to anyone with children or grandchildren in the public schools.

7 posted on 02/06/2006 7:59:13 PM PST by Prov3456
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To: Redbob

My dad, who's a liberal in the old-fashioned sense, bought "None Dare Call It Treason" at about the same time. Probably the most influential piece I've ever read.


8 posted on 02/06/2006 7:59:17 PM PST by Chi-townChief
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To: Tailgunner Joe
"Gun owners should not be surprised when the gun control laws of some other thugocracy such as Cuba form the basis of a Supreme rape of the 2nd Amendment. Americans generally should not be surprised at any unconstitutional notion the Supremes may take into their heads."

That is why our founding fathers gave us the gun.
9 posted on 02/06/2006 8:04:04 PM PST by cpdiii (roughneck (oil field trash and proud of it), geologist, pilot, pharmacist, full time iconoclast)
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To: Tailgunner Joe
allow for foreign law as a guide to their judicial

"Rule of law" vs. Rule of truth ping.

They territorialize themselves over our lives using laws of foreigners so as to territorialize them as a trade. Globalization is basicaly the same deal as abortion: she gets to abort, they all get to give a #u[k.

10 posted on 02/06/2006 9:04:28 PM PST by JudgemAll (Condemn me, make me naked and kill me, or be silent for ever on my gun ownership and law enforcement)
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To: cpdiii

They are taking guns away via accusing wifebeaters and deadbeat dads, though. It's tremendously effective, because if the guys fight back, they are told they don't want to support the kids. Meanwhile the state lets her fraud foodstamps and they demand he pays back the money as child support.

With the rule of law, no one needs to think about the truth, just follow the law. Oh, and damn the truth, as truth is for the "angry". The pharisees did the same thing.

They want us to be aggressive making money for them, but we cannot be defending our rights aggressively. It's a catch22 for our forced incarceration, because this is what you do when you raise pitbulls of your own: they are deemed good at the job they do so long there is a good reason to chain them. Most of these are institutionalized nutozoid cops and prosecutors who should not be legaly carrying firearms so stupid, insane and criminal they are.

The Rule of law is a rule of anarchic aristocratic lawyers. It's not about town planning, it is about union dues and their pocket books to maintain their paper pushing lifestyle.


11 posted on 02/06/2006 9:09:25 PM PST by JudgemAll (Condemn me, make me naked and kill me, or be silent for ever on my gun ownership and law enforcement)
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To: Redbob; Tailgunner Joe; devolve; potlatch

Same here. I learned of None Dare Call It Treason by word of mouth when I was in h.s. I still have it.


12 posted on 02/06/2006 10:31:38 PM PST by ntnychik
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To: Carry_Okie; calcowgirl; SierraWasp


13 posted on 02/06/2006 10:38:22 PM PST by FOG724 (Governor Spendanator)
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To: Tailgunner Joe; Cicero

Good catch, Joe.................FRegards


14 posted on 02/06/2006 10:40:14 PM PST by gonzo (SAVE THE TREES!! Wipe yer a$$ with a spotty owl...)
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To: Tailgunner Joe
Here is my article on the twisting of the 14th Amendment and the origination of the selective incorporation doctrine. For any of you who haven't read it, it contains links to some very unusual and interesting history of the role of corporations and communists in restructuring the Constitution by interpretation, much the same way the Roman patricians similarly distorted the coda.
15 posted on 02/06/2006 11:46:52 PM PST by Carry_Okie (There are people in power who are truly evil.)
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