Free Republic
Browse · Search
News/Activism
Topics · Post Article

Additions or Comments?

personal note: I am doing business in Colorado now, hence the absence of last week's thread. I will be covering our National under-18 basketball team trials in Washington DC during the week of July 4th. If any of you is interested in compiling that week's FQ thread, please send a freepmail.

1 posted on 06/17/2008 6:06:30 AM PDT by Loud Mime
[ Post Reply | Private Reply | View Replies ]


To: Vision; definitelynotaliberal; Mother Mary; FoxInSocks; 300magnum; NonValueAdded; sauropod; ...
Ping!
2 posted on 06/17/2008 6:08:02 AM PDT by Loud Mime (Free the Refineries! - H.R. 2279 Must Become Law!)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Loud Mime
"It is important, likewise, that the habits of thinking in a free country should inspire caution in those entrusted with its administration, to confine themselves within their respective constitutional spheres, avoiding in the exercise of the powers of one department to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create, whatever the form of government, a real despotism. A just estimate of that love of power, and proneness to abuse it, which predominates in the human heart, is sufficient to satisfy us of the truth of this position. The necessity of reciprocal checks in the exercise of political power, by dividing and distributing it into different depositaries, and constituting each the guardian of the public weal against invasions by the others, has been evinced by experiments ancient and modern; some of them in our country and under our own eyes. To preserve them must be as necessary as to institute them. If, in the opinion of the people, the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed. The precedent must always greatly overbalance in permanent evil any partial or transient benefit, which the use can at any time yield."

From George Washington's Farewell Address

3 posted on 06/17/2008 6:14:22 AM PDT by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Loud Mime
By a limited Constitution, I understand one which contains certain specified exceptions to the legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex-post-facto laws, and the like. Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing.

Some perplexity respecting the rights of the courts to pronounce legislative acts void, because contrary to the Constitution, has arisen from an imagination that the doctrine would imply a superiority of the judiciary to the legislative power. It is urged that the authority which can declare the acts of another void, must necessarily be superior to the one whose acts may be declared void. As this doctrine is of great importance in all the American constitutions, a brief discussion of the ground on which it rests cannot be unacceptable.

There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid.

If it be said that the legislative body are themselves the constitutional judges of their own powers, and that the construction they put upon them is conclusive upon the other departments, it may be answered, that this cannot be the natural presumption, where it is not to be collected from any particular provisions in the Constitution. It is not otherwise to be supposed, that the Constitution could intend to enable the representatives of the people to substitute their WILL to that of their constituents. It is far more rational to suppose, that the courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority. The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.

Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental.

Alexander Hamilton - 78th Federalist Paper.

7 posted on 06/17/2008 7:49:44 AM PDT by AndyJackson
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Loud Mime
The Founders: one set of really Smart Dudes.
8 posted on 06/17/2008 7:51:47 AM PDT by Pharmboy (Democrats lie because they must.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Loud Mime; All

A list of NWO elites’ quotes from 1900 forward by our political leaders TO COMPARE WITH OUR FOUNDERS’ QUOTES . . . is available at post #76 here:

http://www.freerepublic.com/focus/news/2031425/posts?page=77#77


9 posted on 06/17/2008 8:01:47 AM PDT by Quix (GOD ALONE IS GOD; WORTHY; PAID THE PRICE; IS COMING AGAIN; KNOWS ALL; IS LOVING; IS ALTOGETHER GOOD)
[ Post Reply | Private Reply | To 1 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson