If we choose to exercise it, the Tenth Amendment explicitly gives us the power to enforce the Constitution’s letter and spirit through political action, regardless of the opinions and preferences of the ruling class.Details
As a supporter of laws like SB1070 and other state and local efforts to curb illegal immigration I am disturbed by the trend that federal courts are now weeding through state laws and deciding if they are constitutional or not. Whether or not you support state efforts to curb illegal immigration you have to agree that the courts have lost all prudence in this matter. They now want to chop through state laws and decide what is permissible for them to have and not have.
Pardon me but don’t the courts only have one function and that is to weigh the facts and punish those who break the law. The way a court system works is that the government brings the accused before it where they weigh the facts presented by the state in order to decide if the accused broke the law. They then meet out punishment based on what the law says.
Notice I said they don’t decide punishment because that has already been decided by the law. In fact, everything the court does is decided by law. The courts have this power because of the constitution and the same constitution gives them the power to judge the law as well as the facts. This is stated in Article III section 2 of the constitution.Details
“To consider the Judges of the Superior Court as the ultimate Arbiters of Constitutional questions would be a dangerous doctrine which would place us under the despotism of an oligarchy. They have with others, the same passion for party, for power, and for the privileges of their corps – and their power is the more dangerous as they are in the office for life, and not responsible, as the other functionaries are to the Elective control. The Constitution has elected no single Tribunal. I know no safe depositary of the ultimate powers of society but the people themselves”
~ Thomas Jefferson
As We the People approach our responsibilities regarding Elective control, it would serve us well to spend some time to study, listen, research and ask some deeper, perhaps, constitutional questions of the candidates that are offering to represent us. If we ever hope to begin to reverse the madness of out of control, tax and spend, corrupt and dishonest state and federal governments, it is indeed our duty to do our best to insure that we are not repeating the same process and expecting different results.Details
Well, of course it is…but Dom Armentano makes an interesting case that under status quo, it’s not – but yet – still horribly immoral and wrong. Here’s an excerpt: To find the mandates in Obama Care illegal and, indeed, to roll back the bulk of economic regulation on business, would require a radical rethinking of…Details
The United States Supreme Court leftists have once again decided to crush the Constitution and the 10th Amendment by striking down a juvenile sentencing law simply because they don’t like it personally and–the most outrageous reason–because they cited the fact that other countries have long since abandoned this practice. And this despite the fact that…Details
Today when you hear the term Constitutional Scholar or Constitutional Expert you get the image of someone who has studied the Constitution and perhaps the Ratification Debates as well as the federalist papers. Someone who has studied the philosophers whose opinions were crucial to how our nation was to be governed like Blackstone, Cicero and…Details
Dr. Robert Lowry Clinton has a fantastic article in the National Review this week. (h/t Mike Rogers) Here’s an excerpt: Many Americans are puzzled and angry about the judicial assault on religion, morality, and common sense that has been going on for the past few decades. People wonder, for example, how the First Amendment (which…Details
Jon Roland of Constitution.org had this to say about the lawsuits that AGs are filing on the health care bill There are a few minor things that might be won through litigation, if it were properly pleaded, but the suit filed is incompetent, little more than political posturing. The courts are not going to oppose…Details
Andrew Napolitano hits the nail on the head – as usual.
Writes Lew Rockwell: The Anti-Federalists predicted that a “Supreme” Court would help pave the way towards tyranny. Now the Nine Creeps have agreed with the Dictator that if he or any of his army of highly paid dependents declares a person to be a suspected enemy combatant (i.e., an enemy of the people), anything can…Details