The people’s Constitution, stolen by a supremely dishonest judiciary

Coach is Right ^ | 8/6/13 | Doug Book

[Oldpuppymax]

“Judicial Supremacy is the gospel of modern American constitutional law.” (1) It is the dishonest method whereby the nation’s highest court may create–or recreate–the supreme law of the land with each successive decision.

Two hundred and twenty three years ago, the Constitution was ratified after the adoption of the Bill of Rights. It was from the beginning a document written not for the judiciary or the legal elite, but by and for the American people. Look at the Preamble: “We the People of the United States” it begins. The preamble of a legal document in 1787 identified the parties involved and explained the purpose of the instrument. In the Constitution, the Framers decided to follow long held practice of Royal Charters by identifying the “grantor” in “large, majestic letters.” But the grantor was NOT “George R” (George Rex), that is King George as it would have been in any royal charter. (2) The Grantor is We the People, as significant now as it was then, for the People were granting a new government the authority and power to govern.

But now, more than 2 centuries later, the Constitution no longer seems a charter or contract between the people who made it and the...

[gunnyg]

There are numerous knowledgeable writers today who see the constitution of 1789 as the enabling document for big government, and intended to be that way

However, perhaps denial and projection by a people who really do not want freedom and liberty prevails. At least they don’t want to meet the prerequisites for “change”!

Semper Watching
Dick G
*****

[cdcdawg]

The Left needs the Constitution to be a “living and breathing document” so they can take it out back and kill it, repeatedly. Being honest about the Constitution means that sometimes it doesn’t say what you want it to say. It is silent on so many things, being that it creates a federal government of enumerated powers. The Left cannot have that. It gets in the way of their utopian vision. FDR slaughtered the Constitution. Now it’s a free for all.

[DannyTN]

There is a constitutional cure for that. Congress has the duty to impeach judges that don’t uphold the law. But once again, Congress is failing to do their duty.

[wku man]

Fortunately, We The People have the ultimate Constitutional remedy...the 2nd Amendment. Unfortunately, we may have to put it to use for the very reason it was intended.

Scouts Out! Cavalry Ho!

[Eddie01]

More handwringing. More sideline conservatism. Well la ti frickin’ da.

The only thing Washington takes note of are organized marches to the steps of the Capitol.

[Standing Wolf]

There is a constitutional cure for that. Congress has the duty to impeach judges that don’t uphold the law. But once again, Congress is failing to do their duty.

Both Congress and the Supreme Court have degenerated into rubber stamps for the Executive branch. That simplifies things for the oligarchy.

[gunnyg]

“the trouble is most americans still see the constitution as that lovely virgin...”
*****

read the restof this...

Dick G
*****

[OneWingedShark]

The only thing Washington takes note of are organized marches to the steps of the Capitol.

True; and I think if it were an armed march they'd shit their pants.

[Bloody Sam Roberts]

It is the dishonest method whereby the nation’s highest court may create–or recreate–the supreme law of the land with each successive decision.

Wrong. The SCOTUS is there to interpret that laws made by the Legislative Branch, signed by the Executive Branch, are in accordance with the Supreme law of the land...the Constitution. They are not supposed to create law.

[Bloody Sam Roberts]

The only thing Washington takes note of are organized marches to the steps of the Capitol.

And sometimes those in Washington who consider themselves our superiors will simply kill those who challenge the status quo.

The Bonus Army Conflict, May 1932

[chesley]

But once again, Congress is failing to do their duty.

It is the American people that is failing in its duty by electing the Congresses that they do.

[skinkinthegrass]

bm

[Jacquerie]

The 17th Amendment enabled:

FDR's slaughter of the constitution.

Senate consent to judges hostile to the 10th Amendment and friendly to consolidation of power in Washington.

[Mack the knife]

Wrong. The SCOTUS is there to interpret that laws made by the Legislative Branch, signed by the Executive Branch, are in accordance with the Supreme law of the land...the Constitution. They are not supposed to create law.

---

The first example of the Supreme Court “making law” (and in fact reversing the meaning of the Constitution) that comes to mind is Wickard vs. Filmore.

The Constitution gives Congress the enumerated power of regulating the commerce between the States. The Federalist Papers went on at some length that this prohibited Congress from making laws affecting the commerce within a State.

The Wickard vs. Filmore decision accepted the Justice Department argument that any action which might affect an interstate market, in however tenuous a manner, was subject to Federal law. So a farmer growing wheat on his own farm, to feed his own cattle, which his family would eat themselves, was subject to federal regulation because: if the farmer didn’t grown it himself, he MIGHT have to buy it, and it MIGHT come from another State, and it MIGHT affect the market price of wheat.

This not only made new law, it reversed the explicit language of the Constitution.

[Reminds me of the old saw that figures don’t lie, but liars sure can figure].