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To: ClearCase_guy
Until we rightly recognize that the states are the bastion of our freedom and the federal government is the great threat to our freedom, this country can neither be preserved nor restored.

I think it might be better to recognize that as a more general principle, which is that the more easily people would be able to flee the control of a tyrannical government, the less likely it is that the government will make that necessary.

Another important principle that needs to be recognized is that although what the Court says and what the law is will coincide when the court is legitimately doing its job, such coincidence would be a result of the court following the law, not the law conforming to the court's rulings. In cases where laws are sufficiently ambiguous or contradictory that either party to a case could legitimately prevail, it is right and proper for a court to write its own rules for how such cases should be handled until such time as the law is changed to remove such ambiguity, but the court's role should be recognized as subservient to that of the legislature. In drafting such rules, the Court would basically be seen as saying "We believe the legislature meant to say X"; as long as such belief is reasonable, it is proper for courts to entertain it. On the other hand, if the legislature says "We did not mean X--we meant Y", then courts should regard their previous beliefs as having been mistaken.

Given the number of court decisions which split 5-4 along predictable lines, it is not reasonable to believe that all nine justices are consistently and legitimately doing their jobs. In cases where genuine ambiguities exist, there could be good reasons why justices may disagree about how to solve them, but the fact that decisions are so consistently split strongly suggests that at least some justices are more interested in serving their political master than carrying out their legitimate job. When justices don't do their legitimate job, the relationship that should exist between what they say, and what the law actually is, may cease to exist.

14 posted on 07/09/2014 3:53:11 PM PDT by supercat (Renounce Covetousness.)
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To: supercat

I had a strange feeling when watching the Fourth of July fireworks last Friday. A sadness came over me and a thought settled in my mind, these firework displays may not go on year after year. They may be coming to an end. Don’t get complacent and expect them to be here in the years to come just because this tradition has always been with us. We’ve all enjoyed this holiday tradition celebrating a prosperous America since we were children but we’re arrogant to expect our way of life will always continue this way. That’s the feeling that settled over me out of the blue. For what it’s worth.


15 posted on 07/09/2014 8:29:51 PM PDT by Ciexyz
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