Posted on 06/20/2020 4:20:29 PM PDT by OddLane
Some thoughts on Supreme Court jurisprudence, what the Constitution actually protects, and why we can't trust the courts.
A few more thoughts...
Three Things Necessary to Restore America’s Free Constitutional Republic
It is time for WE the PEOPLE to rise up and RESTORE OUR FREE CONSTITUTIONAL REPUBLIC, wrenching our beloved country from the hands of the Lying Leftist Tyrants.
Politically and legally, this means three things must happen:
1) ABOLISH THE UNCONSTITUTIONAL PORTION OF THE FEDS. Dismantling the unconstitutional 80% portion of the $4 trillion federal government, sending hundreds of thousands of government officials, bureaucratic heads, and government workers home packing without a job. They’ve leeched off of the hard work of the rest of us long enough. Don’t worry about them - there will be plenty of opportunities as the economy launches into the stratosphere like never before.
2) CONSTITUTIONALLY LIMIT THE POWER OF THE SUPREME COURT. Stop allowing Supreme Court decisions to be the law of the land. There is only ONE constitutionally authorized legislative body: Congress. (U.S. Const, art. I, sec. 1). The scope and legitimacy of the power of Supreme Court decisions are limited to
a) CONSTITUTIONALLY-BASED DECISIONS. Decisions based on the Constitution as written and originally understood and intended. Unconstitutional Supreme Court decisions are invalid (id. art. VI, cl. 2) and should be rejected, nullified, overturned or ignored by the states and the other two branches of the federal government.
b) AUTHORITY ONLY OVER THE PARTIES OF THE CASE. If the rationale of the decision is based on the Constitution, the effect of the decision reaches only to the parties of Individual Cases and Controversies before the Court and any other cases with the same questions of law and fact (id. art. III, sec. 2). No Supreme Court decision is national law. It is up to Congress and Congress ONLY, to legislate the constitutional laws of the land (id. art. I, sec. 1).
3) EXERCISE OF STATE SOVEREIGNTY. States need to become financially independent of the central government as they were when we declared our Independence in 1776. Outside constitutional limitations, the states are sovereign and the people of each state need to elect representative who exercise their sovereignty and constitutional independence from the feds.
A few more thoughts to add to Post #2:
Post-1900 SCOTUS decisions are generally problematic although the pre-1900 decisions are better and more helpful in accurately interpreting constitutional phrases. There are very few good resources that critically analyze SCOTUS decisions based on sound constitutional understanding, and Bork’s books are one of those rare resources.
There is a strong argument that society has granted SCOTUS powers much greater power than what the ratifiers contemplated. Nowhere does the Constitution give SCOTUS solitary power to create uncontroverted universal law from the bench. SCOTUS is the branch that applies the Constitution to INDIVIDUAL CASES and CONTROVERSIES (Art III, Sec 2). Thus SCOTUS decisions, if soundly based on the Constitution, are valid but limited to precedent for like cases, thus creating a kind of constitutional common law. A SCOTUS decision that is deemed unconstitutional should be ignored and nullified by the states and the other federal branches, but not without sound Constitution-based explanation and reasons for such nullification.
Judge Robert Bork’s writings (incl. “The Tempting of America”) help in understanding modern PERVERTED PRESUMPTIONS that depart from the Constitutional as written and originally understood and intended. Such perversions are generally those Congressional acts and SCOTUS decisions over the last 100 years or so that have given the feds sweeping, authoritative, and actually totalitarian powers with little to no constitutional reasoning or basis for doing so. The big three perversions are
a) “The Incorporation Doctrine” - judicial misapplication of the 14th Amendment giving the feds sweeping powers not contemplated by the ratifiers of the amendment.
b) The [Interstate] “Commerce Clause” (Art I, Sec 8, Cl 3) astonishingly been expanded by Congress and ratified by SCOTUS to give the feds almost unlimited power over intrastate and local economic activities again, not contemplated by the ratifiers of the Constitution.
c) The “Necessary and Proper Clause” (Art I, Sec 8, Cl 18), originally intended to allow executive enforcement and regulation pursuant to legislation within the scope of the Constitution, the N&P Clause has been expanded beyond constitutional grounds and limits to such an extent that a quasi-fourth branch of government has been created: the Administrative State with behemoth unconstitutional bureaucracies.
The Constitution ceased to be on Usurpation Day, January 20, 2009 when BOTH parties abrogated it.
Bump
4) The federal government shall have no power to call up any state militia except in response to a declared war by Congress, or with 2/3 consent by the state’s legislative body with governor approval.
The federal government shall have no power to call up any state militia except in response to a declared war by Congress, or with 2/3 consent by the states legislative body with governor approval.
That would require an amendment to the Constitution.
Indeed. We are almost there for an article V convention. One more election could put it over the top.
SCOTUS is slow to admit that they lost their only copy of the Constitution.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.