The Rule of Law & Judicial Supremacy

I had not seen McCain's and Palin's assertions about flexible powers for the president and vice president not enumerated in the Constitution, but if they believe that, as I have little doubt that they do, I agree with XXX.

My (delighted) surprise is that XXX, who favors Obama, a Democrat, is against such, because, along with Rino's (Republicans in name only), it is the Democrats which have given us a "living constitution", i.e., one of which supreme court justices can say (as one did), "The Constitution means what the Supreme Court says it means..." -- meaning they can interpret it any way they want.

That is not a living constitution, it is a spineless constitution in the service of tyrants. Giving the Constitution to the arbitrary judgement of the judiciary is treason, a gutting of the very purpose of the constitution, to keep the government under the authority of We, the People. Such action is worthy of impeachment, or worse.

My surprise is "delighted" because this gives me hope that there are honest and intelligent persons on both sides of these debates who just might join forces on these absolutely crucial issue of constitutional protections to restore honest freedom for us all. We MUST restore a view of the constitution where neither side can run rough shod over the other. We are heading rapidly toward a constitution under which whoever is in power can trample anyone out there.

The drift toward judicial supremacy (different from the legitimate judicial review) began in the late '40's and climaxed in the late '50's with the Cooper (I think) decision, in which they solidified the arrogant notion that they have the last word in interpreting the Constitution. Not one of the founding fathers would have agreed, who all wanted the judiciary to be the weakest of the three branches. As all this was going on in the '50's-60's, the other two branches and We, the People, said.... nothing. We are getting what we deserve.

It is still legally the case that the Supreme Court does not have the final say on the meaning of the Const. That authority lies with We, the People under God, largely through the legislature, which is most responsive to the people -- when the people actually exercise their place as the highest officers of the state by voting intelligently.

It is still true, for example, that in no state in the Union is homosexual marriage legal. The courts in neither Mass. or Calif. changed the law. They cannot. It is rock solid clear in both state constitutions that they cannot. It was the governors in both cases which illegally changed the marriage certificates -- illegal because they had neither constitutional or statutory authority to do so. They broke their oaths of office and should be impeached. They used the cover of "The judiciary made me do it..." with the gleeful complicity of the judiciary (by silently, and dishonestly, not repudiating the actions of the govs).

We have become a lawless country with no effective constitution any more. That is the fault of We, the People, who will not take time to study our own history and legal system. Eternal vigilance is still the price of freedom. We will all suffer for it, both liberal and conservative -- because whichever party is in power now routinely violates those very protections which were put in place to protect We, the People from tyranny. Only charlatans gain by subversion of the Constitution.

The Constitution is a living document by way of legitimate amendments, and in no other way. All other ways are subversions of the rule of law -- which is our secondary protection from the rule of men (or women).

The first protection is being under the law of God, which is the only way of having the enormous coercive force of civil government under an authority higher than itself. And that is the reason why a free people under a limited government arrived amongst us humans only under the Biblical worldview (as per the Magna Carta, inspired by the Archbishop of Canterbury). We are losing our freedoms as we trash our responsibilities along with our Biblical foundations.

Not to worry, God is raising up persons who are truth-seekers who will, in time, set the public record straight. For the good of all. I hope to be counted among them. Wouldn't you?

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Date Posted - 10/09/2008 - Date Last Edited - 11/20/2008

Constitutional Rule of Law