Monday, March 23, 2015
A Book Of Note: Chemerinsky, Erwin; The Case Against The Supreme Court; Viking (Penguin Group); ISBN 978-0-670-02643-5; New York; 2014.
MY FURTHER THOUGHTS (RAVINGS?) ON SCOTUS & LAWYERS
Other Entries: This blog (Under “Law” and other headings) contains related materials.
President Jefferson On “Intent”: "On every question of construction carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates and instead of trying what meaning may be squeezed out of the text or invented against it, conform to to the probable one in which it was passed." [Please specially note that the term "trying" was used as in "boiling down" something (eg Whale blubber or the Constitution) to obtain what the actors wish (eg Whale oil or perverse decisions.]
Judicial Abuse Of The Constitution: The US Courts, on the basis of Marbury Vs. Madison have seized such powers as allow them to “make law” in violation of the exact words and the intent of the authors of the 1789 Constitution and, as needed for the ratification of that, most basic law, the Bill Of Rights (And such later matters as the “14th Amendment”) as in inflicted on the People by avoiding its constitutional, internal and democratic means of changes. The following are special examples of that abuse.
1. The “1st Amendment” declared the right of a “free exercise of religion”. That did not mean that “wall of separation” as mentioned by President Jefferson in a private letter which was taken by a one-time and active member of the KKK to mutilate the real intent which was to prevent only the Federal Government from establishing such a State Church/Religion as was so common, then, throughout the World. (Please note that some of the States maintained “Official Churches” into the 1830s and that without judicial interference.)
2. The “Inter-State Commerce Clause” has been mis-used to extent Federal power to almost every aspect of life and that towards the destruction of the intent of the “10th Amendment”. As far as I can tell, the intent of that clause was to prevent the Several States from the abuses of “import duties” and other trade restrictions as had under “The Articles Of Confederation”.
3. The Courts and the other branches of government have danced around (And, sometimes, goose-stepped on) the “shall not be infringed” clause of the “2nd Amendment”. The patriot Founders of our Republic: Were masters of our English language and knew exactly what “shall not” and “infringed” meant; And, were very exact in supporting an armed citizenry, holding modern arms as issued to soldiers, as the ultimate and best safeguard against tyrants and tyranny.
4. The above-noted expansion of Federal powers has lead to, among other dangers, a plague of Federal agencies who have the practical power to take property in violation of the intent of the “4th Amendment” and are now armed at a military level with the most modern weapons.5. As far as I can tell that the “14th Amendment” was created only to provide the, then, recently freed slaves with a certain minimum of political rights. Since then, the Courts have abused that provision to: Work towards a further destruction of the “10th Amendment”; And, invent “rights” not contemplated by its authors or the Authors of the 1789 Constitution