PoliticalChic
Diamond Member
1. Article VI, Clause 2 of the United States Constitution, known as the Supremacy Clause, establishes the U.S. Constitution, Federal Statutes, and U.S. Treaties as "the supreme law of the land." The "supremacy clause" is the most important guarantor of national union. It assures that the Constitution and federal laws and treaties take precedence over state law and binds all judges to adhere to that principle in their courts. - United States Senate U.S. Senate: Reference Home > Constitution of the United States
a. The originalism looks to the original public-meaning of the Constitution and its amendments at the time they were enacted. The meaning of the Constitution must remain the same, until it is properly changed. And it cannot be changed unilaterally by the courts, or even by courts acting in conjunction with other branches of government. Professor Randy Barnett, in Originalism, p. 262.
b. Justices who abandon the original meaning of the text of the Constitution invariably end up substituting their own political philosophies for those of the framers. Americans have to decide whether they wish a government of laws or one of judges.
c. As Alexander Hamilton put it in The Federalist No.78, it is the duty of judges to declare all acts contrary to the manifest tenor of the Constitution void.
2. Charles Evans Hughes, who would later become Chief Justice of the Supreme Court, famously said about a century ago that the Constitution is what the judges say it is. Since judges cannot change the words of the Constitution, Hughes was really saying what today seems to be widely accepted, that the Constitution means whatever judges say it means. But if Hughes was right, then judges in effect become the Constitution and judicial review means that statutes must yield to judges. What Is the Constitution? - By Orrin Hatch - The Corner - National Review Online
a. A century before Hughes, Chief Justice John Marshall offered the opposite view in Marbury v. Madison, the case often credited with establishing judicial review. Marshall wrote that we have a written Constitution so that the limits on government power may not be mistaken, or forgotten and that the Constitution is a rule for the government of courts, as well as of the legislature. Ibid.
3. So .what has happened?
Contemptible reprobates have lied about jurists who would support the Constitution, and, instead, installed lap-dogs of the Left who ravaged our heritage. An example by a murdering, treasonous scum:
Robert Borks America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists could be censored at the whim of the Government, and the doors of the Federal courts would be shut on the fingers of millions of citizens for whom the judiciary is and is often the only protector of the individual rights that are the heart of our democracy President Reagan is still our president. But he should not be able to reach out from the muck of Irangate, reach into the muck of Watergate and impose his reactionary vision of the Constitution on the Supreme Court and the next generation of Americans. No justice would be better than this injustice. Kennedy, Bork and the Politics of Judicial Destruction - NYTimes.com
4. When the American public was unable to see through this calumny, and slander, the end of the Constitution, and of the American republic was writ large.
a. The originalism looks to the original public-meaning of the Constitution and its amendments at the time they were enacted. The meaning of the Constitution must remain the same, until it is properly changed. And it cannot be changed unilaterally by the courts, or even by courts acting in conjunction with other branches of government. Professor Randy Barnett, in Originalism, p. 262.
b. Justices who abandon the original meaning of the text of the Constitution invariably end up substituting their own political philosophies for those of the framers. Americans have to decide whether they wish a government of laws or one of judges.
c. As Alexander Hamilton put it in The Federalist No.78, it is the duty of judges to declare all acts contrary to the manifest tenor of the Constitution void.
2. Charles Evans Hughes, who would later become Chief Justice of the Supreme Court, famously said about a century ago that the Constitution is what the judges say it is. Since judges cannot change the words of the Constitution, Hughes was really saying what today seems to be widely accepted, that the Constitution means whatever judges say it means. But if Hughes was right, then judges in effect become the Constitution and judicial review means that statutes must yield to judges. What Is the Constitution? - By Orrin Hatch - The Corner - National Review Online
a. A century before Hughes, Chief Justice John Marshall offered the opposite view in Marbury v. Madison, the case often credited with establishing judicial review. Marshall wrote that we have a written Constitution so that the limits on government power may not be mistaken, or forgotten and that the Constitution is a rule for the government of courts, as well as of the legislature. Ibid.
3. So .what has happened?
Contemptible reprobates have lied about jurists who would support the Constitution, and, instead, installed lap-dogs of the Left who ravaged our heritage. An example by a murdering, treasonous scum:
Robert Borks America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police could break down citizens doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists could be censored at the whim of the Government, and the doors of the Federal courts would be shut on the fingers of millions of citizens for whom the judiciary is and is often the only protector of the individual rights that are the heart of our democracy President Reagan is still our president. But he should not be able to reach out from the muck of Irangate, reach into the muck of Watergate and impose his reactionary vision of the Constitution on the Supreme Court and the next generation of Americans. No justice would be better than this injustice. Kennedy, Bork and the Politics of Judicial Destruction - NYTimes.com
4. When the American public was unable to see through this calumny, and slander, the end of the Constitution, and of the American republic was writ large.