I tremble with fear every time a serious constitutional question is put to the “Supreme Court”.
Obvious to all but the willfully ignorant or ideologically blind, over the years SCOTUS has evolved into an essentially unbridled power unto itself. Guided by the principle of “judicial supremacy” vs “constitutional supremacy”, and tainted by politics, ideology and a sinister proclivity for social engineering, it has morphed into an unelected, unaccountable, black-robed judicial “Oligarchy of Nine”, America’s Privy Council, whose constitutional moorings have long ago been abandoned.
I can still recall the devastating words of Chief Justice Charles Evans Hughes in the 30′s when he dropped all pretense of judicial faithfulness to the Constitution by haughtily proclaiming that “We are under a Constitution, but the Constitution is what the judges say it is.” Whoa, baby! Just let those insidious words sink in for a moment. Rather imperious, wouldn’t you say? Just who made these mere mortals Gods? Most certainly NOT the founders and most certainly NOT We the People. But thanks to an overreaching Marbury v Madison (1803) ruling which vested exclusive authority in the Supreme Court for divining what is and what is not constitutional, the judicial tyranny has continued unabated ever since.
Clearly, we are seriously in need of a constitutional amendment to reign in our runaway courts, most particularly the Supreme Court. No less than Thomas Jefferson warned us against the encroaching, indeed despotic, power of the Supreme Court. Tragically, his warnings have been ignored, and we are now paying the awful price for having failed to properly and effectively challenge the sacrosanctness of Marbury v Madison and the boundless “Supreme Court,” it–and our own neglect–has imposed on the Republic.
That said, if SCOTUS “rules” in favor of “Obamacare’s” individual mandate, should We the People yet again obediently and robotically yield because the Oligarchy of Nine ruled that we must? NOT ON YOUR LIFE–NOR MINE!!!!
Per the 9th and 10th Amendments, We the People and our immediate fiduciary agents, the States, must be fully prepared to summarily nullify such a ruling. And that remedial action should only be the first step in a determined grassroots effort to reign in the runaway courts and the mortal jurists who populate them. Our founders and our progeny would expect nothing less of us.
As originally intended, We the People, the final arbiters, the “highest tribunal”, are duty-bound to assert our constitutional authority when the “supreme court”–or any branch of the federal government–oversteps its original constitutional authority, failing which we deserve the cesspool of statism and tyranny which will surely ensue.
Jim Delaney writes from Rochester-Greece and maintains the blog, Opinerlog.
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So in essence the court decided in 1803 that it was the supreme decider over all others? How nice to make such a decision without any agreement what so ever because most people are aware who the decider is for each, what they are not aware of is the force behind all decision making and this our only weakness.
But there is one authority that is never mentioned and stands far above the constitution and is documented truths. This would be the Declaration of Independence as the pinnacle of decision making for anything in the constitution, why?
Because it is the key ingredient to all decision making should we choose a Republic by including into all choices the 3 most basic of basic principals which are Life, Liberty and the Pursuit of Happiness. The constitution is the Liberty principal by definition because it is Liberty when it is applied and when it is not no liberty shall exist and tyranny shall rise up to fill the void.
The Declaration of Independence is very clear on what to do and what not to do and I highly suggest the original draft because it was genuine as Thomas Jefferson himself discovered and wrote it. Investigate what was taken out which were all documented truths and ask yourself WHY?
So you could say the Declaration of Independence is the very FOUNDATION of this Republic and the constitution the very foundation of Liberty one of the basic principals inside the Declaration of Independence. Yes you may all disagree with me if you wish but I highly suggest a full investigation yourselves because I found the Declaration of Independence to be an applicable document which means something documented to be used in choice making and without it shall be poor choice making because it becomes no informed choice at all.
If all ideas we pursued had no foundation or principals for which to exist would it exist? Show me a Republic today, show me liberty, what hard to locate? How well do you know and apply this document? That is what I thought.
Supreme law is the Declaration of Independence because by nature it is all inclusive of all Life which is the act of supporting all life by allowing life the act of supporting itself by all creativity in which to do so with some very good basics in place. To keep in place Liberty which shall serve as the authority to allow all life to do what it does to preserve itself and sustain in a healthy thriving environment. And lastly to pursue happiness which is the act of living itself, to achieve great ideas that allows better sustainment practices, give far better experiences which educate us. To do the actions of living amongst other living with idea exchange and demands of such ideas in exchange with each other. Happiness is the direct effect or result of achievement and this is very easy to see if you look at your own life and what you were allowed to achieve for you, but better yet what you were allowed to achieve for all others. Success is actually measured in the abundance of achievements and not dollars and cents, that is merely a representation of the practice of exchange. It is time we educate ourselves not only on the Constitution but our Declaration of Independence as the very foundation of such a Constitution because without it the Constitution will have no foundation for which to stand.