Judicial Review: Judicial Treason?
"It has long, however, been my opinion, and I have never shrunk from its expression...that the germ of dissolution of our federal government is in the constitution of the federal judiciary;...working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped." - Thomas Jefferson 08/18/1821 on concern that the judiciary would become the ruling branch of government.
These words of timeless wisdom and warning from Jefferson should send chills of fear thru all patriotic Americans, because we find ourselves living within Jefferson's fears. The thieves are in control!
The judiciary has been more destructive to this nation than any other entity. Nearly all governmental and social turmoil today, exists not because of actions taken by the executive or legislative branches, but by the rogue judiciary. Abortion, pornography, the "normalization" of the sinful and immoral homosexual deviancy, school consolidation and on and on, exist because of judicial usurpation of executive and legislative authority and jurisdiction.
The judiciary, encroaching on others jurisdictions, along with their ruling ON the law instead of ruling ACCORDING TO the law, is the problem. The whole concept of "judicial review" - the judiciary sitting in judgment over the other two branches of the government - is unconstitutional... if you believe the framers of the Constitution and the Constitution itself. This errant and deceitful so-called "check and balance", is perversely illegitimate and destructive.
PLEASE CAREFULLY CONSIDER: Under our current corrupted system, at the Federal or State level, you could have ALL citizens in favor of "Just Law 1" and call for its enactment by a unanimous petition. After extensive, exhaustive debate and research "Just Law 1" could receive the complete support of ALL the legislators, be passed into law unanimously and signed into law by an agreeing executive. All agree that "Just Law 1" is constitutional and extremely beneficial to all of society, further, that without "Just Law 1" society would be dramatically and detrimentally impacted. - A simple majority on the respective Supreme Court then strikes the law down... simply because they don't like it.
Tyranny... conceived, executed and exercised by the judiciary, enforced and condoned by the executive and legislative branches, is a constitutional perversion of such great magnitude... it calls for a second American Revolution.
With impeachment being the constitutional remedy, it is time to get rid of the offenders, along with those cowardly executives and legislators who have and still allow this travesty and attack on the constitutions (national and state) to take place unchallenged.
The Constitution provides that we be governed by the duly elected, not ruled by a black robed oligarchy and accomplices – whoever they may be.
A very limited form of judicial review was considered legitimate at the founding of our Constitution, and could be considered legitimate today, involving the examination of a law only and strictly in light of the clear meaning and original intent of the Constitution. There, and only there, a legitimate check and balance against legal perversions resides. Going further than the clear meaning and original intent, straying into the nebulous and shadowy waters of the perceived "spirit" of a law, reading into or out of a law things found "between the lines", is where the current corruption of the judiciary lies.
Federalist #81 (Hamilton): "[T]here is not a syllable in the plan [the Constitution] which directly empowers the national courts to construe the laws according to the spirit of the Constitution."
Hamilton and others correctly reasoned that the courts were NOT to rule on laws "according to the spirit of the Constitution" because that would "enable the court to mold them into whatever shape it may think proper" which Hamilton properly identified "as unprecedented as it was dangerous."
"Refusing or not refusing to execute a law, to stamp it with its final character. . . . makes the Judiciary department paramount in fact to the Legislature, which was never intended and can never be proper." - James Madison
Holding the judiciary to its intended jurisdiction, ruling according to the law as provided them, will eliminate the ideological confirmation fights over judicial nominees. Accomplishing their personal agendas and furthering their personal worldviews will cease, or lead to their impeachment.
The integrity and trustworthiness of the entire justice system of the United States, as well as the whole system of government established by the Constitution, depends upon correcting the corruption within the judiciary and electing representatives who understand the gravity of judicial abuse, who are willing to act. Hand wringing over and complaining about judicial abuse must be replaced with action. When judges are guilty of judicial bad behavior, exhibiting non-judicial temperament, they should be impeached.
Reining in the judiciary to their proper constitutional role (it was intended to be the least powerful of the three branches of government, not the most powerful) will establish an impartial y, re-establishing truth and justice as the pursuits of the courts, not political agendas through judicial activism.
It is long past time for our representatives to actively stand against this corruption; in compliance with their oath of office. Elected officials have taken an oath to support the national and state constitutions and to faithfully discharge the duties of their office. The oath is NOT a symbolic, meaningless gesture to be pompously acted out and then forgotten! The oath is a sacred public trust. There are real foreign and DOMESTIC enemies of our constitutions, the freedoms, liberties and American way of life they protect. There are also many who aid and abet those enemies... making themselves complicit... and culpable as enemies themselves. Shamefully, many are unaware of their offense, and condemningly, when made aware... they ignore it.
I must now question the actual, substantive, patriotism, competence and trustworthiness of most of our current political leadership, as well as their basic character, suitableness and ability to lead. While you may be in almost every respect a likeable and "nice person", and claim great patriotism, you are no patriot if you consciously and willingly (actively or tacitly) condone or permit clearly un-constitutional practices. Your basic character is in question if through incompetence or unwillingness you fail to boldly stand against the usurpation and erosion of legitimate constitutional authority and exercise.
In politics "going along, to get along" is today's mark of a political coward, not a leader, and certainly not anyone deserving of the public's trust. Going about the business of government, maintaining the current status quo, all the while knowing there are those who are corrupting our very system itself, and doing nothing about it... is at best, derelict incompetence, and at worst, outright treason.
It is time to identify and deal decisively with these domestic enemies of the Constitution.
These words of timeless wisdom and warning from Jefferson should send chills of fear thru all patriotic Americans, because we find ourselves living within Jefferson's fears. The thieves are in control!
The judiciary has been more destructive to this nation than any other entity. Nearly all governmental and social turmoil today, exists not because of actions taken by the executive or legislative branches, but by the rogue judiciary. Abortion, pornography, the "normalization" of the sinful and immoral homosexual deviancy, school consolidation and on and on, exist because of judicial usurpation of executive and legislative authority and jurisdiction.
The judiciary, encroaching on others jurisdictions, along with their ruling ON the law instead of ruling ACCORDING TO the law, is the problem. The whole concept of "judicial review" - the judiciary sitting in judgment over the other two branches of the government - is unconstitutional... if you believe the framers of the Constitution and the Constitution itself. This errant and deceitful so-called "check and balance", is perversely illegitimate and destructive.
PLEASE CAREFULLY CONSIDER: Under our current corrupted system, at the Federal or State level, you could have ALL citizens in favor of "Just Law 1" and call for its enactment by a unanimous petition. After extensive, exhaustive debate and research "Just Law 1" could receive the complete support of ALL the legislators, be passed into law unanimously and signed into law by an agreeing executive. All agree that "Just Law 1" is constitutional and extremely beneficial to all of society, further, that without "Just Law 1" society would be dramatically and detrimentally impacted. - A simple majority on the respective Supreme Court then strikes the law down... simply because they don't like it.
Tyranny... conceived, executed and exercised by the judiciary, enforced and condoned by the executive and legislative branches, is a constitutional perversion of such great magnitude... it calls for a second American Revolution.
With impeachment being the constitutional remedy, it is time to get rid of the offenders, along with those cowardly executives and legislators who have and still allow this travesty and attack on the constitutions (national and state) to take place unchallenged.
The Constitution provides that we be governed by the duly elected, not ruled by a black robed oligarchy and accomplices – whoever they may be.
A very limited form of judicial review was considered legitimate at the founding of our Constitution, and could be considered legitimate today, involving the examination of a law only and strictly in light of the clear meaning and original intent of the Constitution. There, and only there, a legitimate check and balance against legal perversions resides. Going further than the clear meaning and original intent, straying into the nebulous and shadowy waters of the perceived "spirit" of a law, reading into or out of a law things found "between the lines", is where the current corruption of the judiciary lies.
Federalist #81 (Hamilton): "[T]here is not a syllable in the plan [the Constitution] which directly empowers the national courts to construe the laws according to the spirit of the Constitution."
Hamilton and others correctly reasoned that the courts were NOT to rule on laws "according to the spirit of the Constitution" because that would "enable the court to mold them into whatever shape it may think proper" which Hamilton properly identified "as unprecedented as it was dangerous."
"Refusing or not refusing to execute a law, to stamp it with its final character. . . . makes the Judiciary department paramount in fact to the Legislature, which was never intended and can never be proper." - James Madison
Holding the judiciary to its intended jurisdiction, ruling according to the law as provided them, will eliminate the ideological confirmation fights over judicial nominees. Accomplishing their personal agendas and furthering their personal worldviews will cease, or lead to their impeachment.
The integrity and trustworthiness of the entire justice system of the United States, as well as the whole system of government established by the Constitution, depends upon correcting the corruption within the judiciary and electing representatives who understand the gravity of judicial abuse, who are willing to act. Hand wringing over and complaining about judicial abuse must be replaced with action. When judges are guilty of judicial bad behavior, exhibiting non-judicial temperament, they should be impeached.
Reining in the judiciary to their proper constitutional role (it was intended to be the least powerful of the three branches of government, not the most powerful) will establish an impartial y, re-establishing truth and justice as the pursuits of the courts, not political agendas through judicial activism.
It is long past time for our representatives to actively stand against this corruption; in compliance with their oath of office. Elected officials have taken an oath to support the national and state constitutions and to faithfully discharge the duties of their office. The oath is NOT a symbolic, meaningless gesture to be pompously acted out and then forgotten! The oath is a sacred public trust. There are real foreign and DOMESTIC enemies of our constitutions, the freedoms, liberties and American way of life they protect. There are also many who aid and abet those enemies... making themselves complicit... and culpable as enemies themselves. Shamefully, many are unaware of their offense, and condemningly, when made aware... they ignore it.
I must now question the actual, substantive, patriotism, competence and trustworthiness of most of our current political leadership, as well as their basic character, suitableness and ability to lead. While you may be in almost every respect a likeable and "nice person", and claim great patriotism, you are no patriot if you consciously and willingly (actively or tacitly) condone or permit clearly un-constitutional practices. Your basic character is in question if through incompetence or unwillingness you fail to boldly stand against the usurpation and erosion of legitimate constitutional authority and exercise.
In politics "going along, to get along" is today's mark of a political coward, not a leader, and certainly not anyone deserving of the public's trust. Going about the business of government, maintaining the current status quo, all the while knowing there are those who are corrupting our very system itself, and doing nothing about it... is at best, derelict incompetence, and at worst, outright treason.
It is time to identify and deal decisively with these domestic enemies of the Constitution.
posted by Dale Morfey at 7:02 PM
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