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Constitutional Rule of Law
[COMMENT: This is an email I had sent to my family.
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
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
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
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 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
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 -