CDZ How the Washington Swamp’s judges and Justices subjugate constitutional limitations

johnwk

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May 24, 2009
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One of the Supreme Court‘s “inventions” used to impose its will upon the people unknown to those who framed and ratified our Constitution, are various tests the court has created which are now used to circumvent and set aside the documented intentions and beliefs under which the various provisions of our Constitution have been adopted.

These “tests” began to appear and gain a foothold during the Warren Court of the l960’s. One such test was the "rationality" test under which a law being challenged had to withstand the court’s judgment that the law in question was “rationally based” or “reasonable” to survive the court‘s review. Of course, this allowed specific members on the court to switch the subject from what is and what is not constitutional during litigation, to a question having nothing to do with its constitutionality. Whether rational or not, a law which violates the Constitution cannot be justified as being constitutional if it is rationally based! Likewise, if a law is not rationally based it is not the Court’s job to second guess the wisdom of the legislature or our Constitution! To do so is to usurp legislative authority and ignore the separation of powers in our system of government, not to mention how such action negates the very reason for elections, which, in most cases, is to change public policy via appropriate legislation.

For example, imaging for a moment that a black male was denied employment by a state government based upon his race and the court, in spite of the 14th Amendment’s limited protection against state imposed race discrimination, upheld the denial of employment because the local government presented an “exceedingly persuasive justification” for not hiring the black male. This is what these tests are about, creating a platform for members on the Court to ignore identifying and enforcing the intentions and beliefs under which provisions our Constitution were adopted and impose their personal whims and fancies upon the people as the rule of law using flowery terms and phrases to justify ignoring the will of the people as expressed in a written Constitution!

By the early 1970’s the Court using a variety of invented “tests” [rationally based, compelling state interest, intermediate scrutiny, strict scrutiny, etc.], started to appear which blatantly ignored the documented intentions and beliefs under which various provisions of our Constitution were adopted, and went on to impose a majority of the Court’s own ideas of social justice, fairness and reasonableness as the rule of law. Some of the early cases which demonstrate the Court’s attack upon the text and documented legislative intent of our Constitution’s provisions which gives context to its text, and imposing its will as the rule of law using these newly created tests are Reed vs. Reed 404 U.S. 71 (1971), Frontiero vs Richardson 411 U.S. 677 (1973), Craig v. Boren 429 U.S. 190 (1976), and Roe v. Wade, 410 U.S. 113, (1973).

It is also important to note that the ACLU and Ruth Bader Ginsburg, who was a volunteer for the American Civil Liberties Union in the 1970’s, were both active in these cases and assisted the court in engineering clever words and phrases in conjunction with “tests” which were designed to parse words and circumvent the very intentions and beliefs under which the 14th Amendment was adopted.

When Ginsburg became a member of the Supreme Court the ground work had already been laid with her help in establishing these despotic tests as part of the Court’s arsenal used by its progressive members to make the Constitution mean whatever they wished it to mean.

For example, in delivering the Court’s opinion in the Virginia Military Institute (VMI) case, decided June 26, 1996, which commanded the Institute to accept women by citing the 14th Amendment as forbidding sex discrimination, Ginsburg pointed to previous Supreme Court rulings and the invented tests in question, and asserted a party seeking to uphold government action making a distinction based upon sex must establish an "exceedingly persuasive justification" In addition, Ginsburg noted, “The justification must be genuine, not hypothesized or invented post hoc in response to litigation. And it must not rely on overbroad generalizations about the different talents, capacities, or preferences of males and females.”

But the fact remains, Ginsburg, in delivering the opinion, never established that under the 14th Amendment the people of America decided to prohibit distinctions based upon gender in addition to their intentional prohibition against state legislation based upon “race and color”! And, the fact remains, Justice Ginsburg couldn’t establish this constitutional prohibition (sex discrimination) because time and again during the debates which framed the 14th Amendment the intended prohibition against discrimination was specifically identified as being limited to discrimination based upon “race, color, or former condition of slavery”, and only intended to apply in a very narrow area and protect the inalienable right of Blacks: “to make and enforce contracts, to sue...to inherit, purchase...property as was then enjoyed by white citizens. “Congress did not assume...to adjust what may be called the social rights of men...but only to declare and vindicate these fundamental rights.”___ see the Civil Rights Cases, 109 U.S. 3,22 (1883)

The argument that the wording in the 14th Amendment: (a)“all persons”, (b)"No State shall make any law which shall abridge the privileges or immunities of citizens of United States.", [c] "[N]or deny to any person within its jurisdiction the equal protection of the laws", as being evidence the 14th Amendment was intended to forbid distinctions based upon sex, or intended to be a universal rule to bar every imaginable type of discrimination, such as in Martin vs. PGA Tour and also includes discrimination based upon sex, falls flat on its face when reading the words of next Amendment to the Constitution!

This Amendment (the 15th) prohibits a new type of discrimination not covered by the 14th Amendment! It prohibits discrimination, or to be more accurate, prohibits the right of voting to be denied or abridged on account of “race, color, or previous condition of servitude.” The intent of the 15th Amendment clearly being to enlarge the intended prohibition on state legislated race based discrimination mentioned in the 14th Amendment, enlarging it to include the prohibition at the voting booth ---forbidding discrimination at the voting booth to be based upon “race, color, or previous condition of servitude“, while gender, and in particularly females, were not yet included in the protection.

The argument that the 14th Amendment prohibits state discrimination based upon gender, becomes even weaker when reading the 19th Amendment which specifically forbids a new kind of discrimination. In this Amendment, the People of America decide by a constitutional amendment to forbid gender discrimination [the discrimination mentioned by Ginsburg] but only extend the prohibition with respect to the right to vote being “denied or abridged” on account of “sex”.

If the 14th Amendment prohibited every kind of discrimination, including discrimination based upon sex as Ginsburg alleged in the VMI Case, then why were these subsequent Amendments added to the Constitution after the adoption of the 14th Amendment?

Finally, why would there have been a proposed and so-call equal rights amendment attempted to be added to the Constitution of the United States in the 1980’s to prohibit sex discrimination which never received the required number of ratifying States, if the 14th Amendment already prohibited discrimination based upon sex as Ginsburg alleges?

The bottom line is, many of our judges and Justices, including Justice Ginsburg, are acting in rebellion to our written Constitution and the documented intentions and beliefs under which it was adopted. Indeed, many of our judges and Justices are in fact "legislating from the bench" so as to impose their personal sense of justice, fairness and reasonableness using a variety of tests which, during litigation, switch the subject of a law’s constitutionality, to a question of the lawmakers wisdom, reasonableness, fairness and/or justice. And to meet the Court’s standards a law must be “reasonable“ and reflect what progressives on the Court arbitrarily fancy as social justice.

In fact, a questioned law to pass Ginsburg’s test, must have an "exceedingly persuasive justification" and “The justification must be genuine, not hypothesized or invented post hoc in response to litigation”, regardless of whether or not the law is within the four corners of our Constitution which no longer appears to be an important factor to Ginsburg and her tyrannical friends on the Court who wish to impose their personal whims and fancies as the rule of law.

JWK


"The public welfare demands that constitutional cases must be decided according to the terms of the Constitution itself, and not according to judges' views of fairness, reasonableness, or justice." -- Justice Hugo L. Black ( U.S. Supreme Court Justice, 1886 - 1971) Source: Lecture, Columbia University, 1968
 
The first move was earlier, in 1803. The Court essentially granted itself judicial "final review" over all things constitutional, rendering the Court superior and breaking the model set by the Founders of three co-equal branches of government. See Marbury v. Madison.
 
The first move was earlier, in 1803. The Court essentially granted itself judicial "final review" over all things constitutional, rendering the Court superior and breaking the model set by the Founders of three co-equal branches of government. See Marbury v. Madison.

Supreme Court Justices can be impeached, censored and/or removed from the bench by Congress the same as a President can be impeached.
That's what supposed to happen when Justices keep doing the wrong thing or have faulty rulings inconsistent with the actual Constitution.

Do not hold your breath though ... No one in Congress has the balls to attempt that ... :thup:

.
 
One cannot expect ‘clean debate’ when the thread topic is predicated on a false premise.

The Constitution exists solely in the context of its case law, as determined by the Supreme Court, where the courts are authorized by Article VI of the Constitution to determine what the Founding Document means:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

That some might oppose settled, accepted case law for subjective, partisan reasons, or the consequence of their fear, ignorance, bigotry, or racism, renders that case law neither invalid nor devoid of merit.
 
One cannot expect ‘clean debate’ when the thread topic is predicated on a false premise.

The Constitution exists solely in the context of its case law, as determined by the Supreme Court, where the courts are authorized by Article VI of the Constitution to determine what the Founding Document means:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

That some might oppose settled, accepted case law for subjective, partisan reasons, or the consequence of their fear, ignorance, bigotry, or racism, renders that case law neither invalid nor devoid of merit.

That still doesn't change the fact Congress can impeach, censor and/or remove a Supreme Court Justice from the bench ...
If they feel the Justice isn't ruling in the actual interest of the Constitution.

They didn't grant Congress that power on accident ... :thup:

.
 
One cannot expect ‘clean debate’ when the thread topic is predicated on a false premise.

The Constitution exists solely in the context of its case law, as determined by the Supreme Court, where the courts are authorized by Article VI of the Constitution to determine what the Founding Document means:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

That some might oppose settled, accepted case law for subjective, partisan reasons, or the consequence of their fear, ignorance, bigotry, or racism, renders that case law neither invalid nor devoid of merit.

Neither case law nor precedence are settled.
 
One cannot expect ‘clean debate’ when the thread topic is predicated on a false premise.

The Constitution exists solely in the context of its case law, as determined by the Supreme Court, where the courts are authorized by Article VI of the Constitution to determine what the Founding Document means:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

That some might oppose settled, accepted case law for subjective, partisan reasons, or the consequence of their fear, ignorance, bigotry, or racism, renders that case law neither invalid nor devoid of merit.

Since Marbury v. Madison, the judges have decided that they're not bound by jack squat....It's your bigoted pecksniffian argument that is entirely devoid of merit.
 
One cannot expect ‘clean debate’ when the thread topic is predicated on a false premise.

The Constitution exists solely in the context of its case law, as determined by the Supreme Court, where the courts are authorized by Article VI of the Constitution to determine what the Founding Document means:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

That some might oppose settled, accepted case law for subjective, partisan reasons, or the consequence of their fear, ignorance, bigotry, or racism, renders that case law neither invalid nor devoid of merit.

Since Marbury v. Madison, the judges have decided that they're not bound by jack squat....It's your bigoted pecksniffian argument that is entirely devoid of merit.

Oooh ... "pecksniffian". Can I borrow that?
 
One cannot expect ‘clean debate’ when the thread topic is predicated on a false premise.

The Constitution exists solely in the context of its case law, as determined by the Supreme Court, where the courts are authorized by Article VI of the Constitution to determine what the Founding Document means:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

That some might oppose settled, accepted case law for subjective, partisan reasons, or the consequence of their fear, ignorance, bigotry, or racism, renders that case law neither invalid nor devoid of merit.


Actually, take a look at our Constitution [see Article 6] which you mention and actually commands judges and Justices to support “this Constitution.” Our Constitution also recognizes and commands [see Amendment 7] an adherence to “the rules of the common law”. In fact, these two provisions outline the primary function of our Supreme Court Justices which can be summarized as follows:



1. Abide by the text of the Constitution



2. Abide by the documented “legislative intent” of the Constitution which gives context to its text.



The irrefutable fact is, one of the long standing rules under the rules of the common law with regard to the meaning of laws is to enforce “legislative intent”. In a newspaper article published in the Alexandria Gazette, July 2, 1819, Chief Justice Marshall asserted he could "cite from [the common law] the most complete evidence that the intention is the most sacred rule of interpretation."



It should also be pointed out that the notable Justice Story, in his Commentaries on the Constitution of the United States (1833) wrote: "The first and fundamental rule in the interpretation of all instruments is, to construe them according to the sense of the terms, and the intention of the parties."



And let us not forget that our very own Supreme Court, in Hawaii v. Mankichi, 190 U.S. 197 (1903), confirms the historical validity of enforcing legislative intent is a priority of the Court:



”But there is another question underlying this and all other rules for the interpretation of statutes, and that is what was the intention of the legislative body? Without going back to the famous case of the drawing of blood in the streets of Bologna, the books are full of authorities to the effect that the intention of the lawmaking power will prevail even against the letter of the statute; or, as tersely expressed by Mr. Justice Swayne in 90 U.S. 380 :



"A thing may be within the letter of a statute and not within its meaning, and within its meaning, though not within its letter. The intention of the lawmaker is the law."



This very rule concerning legislative intent is also stated by Jefferson in the following words:



"On every question of construction [of the Constitution], carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed."--Thomas Jefferson, letter to William Johnson, June 12, 1823, The Complete Jefferson, p. 322.



And the noteworthy Chancellor James Kent, in his Commentaries on American Law [1858] confirms the truth of the matter as follows:



"The Constitution is the act of the people, speaking in their original character, and defining the permanent conditions of the social alliance; and there can be no doubt on the point with us, that every act of the legislative power contrary to the true intent and meaning of the Constitution, is absolutely null and void.



In fact, being obedient to the documented legislative intent of our Constitution was acknowledged in HOME BLDG. & LOAN ASSOCIATION v. BLAISDELL, 290 U.S. 398 (1934)



”The whole aim of construction, as applied to a provision of the Constitution, is to discover the meaning, to ascertain and give effect to the intent of its framers and the people who adopted it.”



The fact is, there are long standing rules which govern constitutional construction, the most fundamental rule being stated as follows:

16 Am Jur 2d Constitutional law

Par. 92. Intent of framers and adopters as controlling.




The fundamental principle of constitutional construction is that effect must be given to the intent of the framers of the organic law and of the people adopting it. This is the polestar in the construction of constitutions, all other principles of construction are only rules or guides to aid in the determination of the intention of the constitution’s framers.




For additional rules see 16 Am Jur, Constitutional Law, “Rules of Construction, Generally”


Par. 88--Proceedings of conventions and debates.


Under the principle that a judicial tribunal, in interpreting ambiguous provisions, may have recourse to contemporaneous interpretations so as to determine the intention of the framers of the constitution, the rule is well established that in the construction of a constitution, recourse may be had to proceedings in the convention which drafted the instrument. (numerous citations omitted )



Also see par. 89-- The Federalist and other contemporary writings“ Under the rule that contemporaneous construction may be referred to it is an accepted principle that in the interpretation of the Constitution of the United States recourse may be had to the Federalist since the papers included in that work were the handiwork of three eminent statesmen, two of whom had been members of the convention which framed the Constitution. Accordingly, frequent references have been made to these papers in opinions considering constitutional questions and they have sometimes been accorded considerable weight.” (numerous citations omitted )


Also note that under the rules of constitutional construction

16 Am Jur 2d Constitutional law

Meaning of Language

Ordinary meaning, generally


”Words or terms used in a constitution, being dependent on ratification by the people voting upon it, must be understood in the sense most obvious to the common understanding at the time of its adoption…”__ (my emphasis) The Court is not free to make the words or phrases in our Constitution mean whatever they so desire, but are confined to their original understanding as understood by our founding fathers.


The bottom line is, judges and Justices are not free to make the constitution mean what they believe it ought to mean, but are restricted to its text, and documented legislative intent which gives context to its text.


JWK





Those who reject abiding by the intentions and beliefs under which our Constitution was agree to, as those intentions and beliefs may be documented from historical records, wish to remove the anchor and rudder of our constitutional system so they may then be free to “interpret” the Constitution to mean whatever they wish it to mean.

 
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The first move was earlier, in 1803. The Court essentially granted itself judicial "final review" over all things constitutional, rendering the Court superior and breaking the model set by the Founders of three co-equal branches of government. See Marbury v. Madison.

Supreme Court Justices can be impeached, censored and/or removed from the bench by Congress the same as a President can be impeached.
That's what supposed to happen when Justices keep doing the wrong thing or have faulty rulings inconsistent with the actual Constitution.

Do not hold your breath though ... No one in Congress has the balls to attempt that ... :thup:

.


I don't think it's about members in Congress not having "balls" to impeach judges and Justices who use their office of public trust to subjugate the text and legislative intent of our Constitution, and impose their personal sense of fairness, justices and reasonableness as the rule of law. I think its more about the vast majority of our Congress critters working hand in hand to overturn the defined and limited powers written into our Constitution.

JWK


"The public welfare demands that constitutional cases must be decided according to the terms of the Constitution itself, and not according to judges' views of fairness, reasonableness, or justice." -- Justice Hugo L. Black ( U.S. Supreme Court Justice, 1886 - 1971) Source: Lecture, Columbia University, 1968
 
One of the Supreme Court‘s “inventions” used to impose its will upon the people unknown to those who framed and ratified our Constitution, are various tests the court has created which are now used to circumvent and set aside the documented intentions and beliefs under which the various provisions of our Constitution have been adopted.

These “tests” began to appear and gain a foothold during the Warren Court of the l960’s. One such test was the "rationality" test under which a law being challenged had to withstand the court’s judgment that the law in question was “rationally based” or “reasonable” to survive the court‘s review. Of course, this allowed specific members on the court to switch the subject from what is and what is not constitutional during litigation, to a question having nothing to do with its constitutionality. Whether rational or not, a law which violates the Constitution cannot be justified as being constitutional if it is rationally based! Likewise, if a law is not rationally based it is not the Court’s job to second guess the wisdom of the legislature or our Constitution! To do so is to usurp legislative authority and ignore the separation of powers in our system of government, not to mention how such action negates the very reason for elections, which, in most cases, is to change public policy via appropriate legislation.

For example, imaging for a moment that a black male was denied employment by a state government based upon his race and the court, in spite of the 14th Amendment’s limited protection against state imposed race discrimination, upheld the denial of employment because the local government presented an “exceedingly persuasive justification” for not hiring the black male. This is what these tests are about, creating a platform for members on the Court to ignore identifying and enforcing the intentions and beliefs under which provisions our Constitution were adopted and impose their personal whims and fancies upon the people as the rule of law using flowery terms and phrases to justify ignoring the will of the people as expressed in a written Constitution!

By the early 1970’s the Court using a variety of invented “tests” [rationally based, compelling state interest, intermediate scrutiny, strict scrutiny, etc.], started to appear which blatantly ignored the documented intentions and beliefs under which various provisions of our Constitution were adopted, and went on to impose a majority of the Court’s own ideas of social justice, fairness and reasonableness as the rule of law. Some of the early cases which demonstrate the Court’s attack upon the text and documented legislative intent of our Constitution’s provisions which gives context to its text, and imposing its will as the rule of law using these newly created tests are Reed vs. Reed 404 U.S. 71 (1971), Frontiero vs Richardson 411 U.S. 677 (1973), Craig v. Boren 429 U.S. 190 (1976), and Roe v. Wade, 410 U.S. 113, (1973).

It is also important to note that the ACLU and Ruth Bader Ginsburg, who was a volunteer for the American Civil Liberties Union in the 1970’s, were both active in these cases and assisted the court in engineering clever words and phrases in conjunction with “tests” which were designed to parse words and circumvent the very intentions and beliefs under which the 14th Amendment was adopted.

When Ginsburg became a member of the Supreme Court the ground work had already been laid with her help in establishing these despotic tests as part of the Court’s arsenal used by its progressive members to make the Constitution mean whatever they wished it to mean.

For example, in delivering the Court’s opinion in the Virginia Military Institute (VMI) case, decided June 26, 1996, which commanded the Institute to accept women by citing the 14th Amendment as forbidding sex discrimination, Ginsburg pointed to previous Supreme Court rulings and the invented tests in question, and asserted a party seeking to uphold government action making a distinction based upon sex must establish an "exceedingly persuasive justification" In addition, Ginsburg noted, “The justification must be genuine, not hypothesized or invented post hoc in response to litigation. And it must not rely on overbroad generalizations about the different talents, capacities, or preferences of males and females.”

But the fact remains, Ginsburg, in delivering the opinion, never established that under the 14th Amendment the people of America decided to prohibit distinctions based upon gender in addition to their intentional prohibition against state legislation based upon “race and color”! And, the fact remains, Justice Ginsburg couldn’t establish this constitutional prohibition (sex discrimination) because time and again during the debates which framed the 14th Amendment the intended prohibition against discrimination was specifically identified as being limited to discrimination based upon “race, color, or former condition of slavery”, and only intended to apply in a very narrow area and protect the inalienable right of Blacks: “to make and enforce contracts, to sue...to inherit, purchase...property as was then enjoyed by white citizens. “Congress did not assume...to adjust what may be called the social rights of men...but only to declare and vindicate these fundamental rights.”___ see the Civil Rights Cases, 109 U.S. 3,22 (1883)

The argument that the wording in the 14th Amendment: (a)“all persons”, (b)"No State shall make any law which shall abridge the privileges or immunities of citizens of United States.", [c] "[N]or deny to any person within its jurisdiction the equal protection of the laws", as being evidence the 14th Amendment was intended to forbid distinctions based upon sex, or intended to be a universal rule to bar every imaginable type of discrimination, such as in Martin vs. PGA Tour and also includes discrimination based upon sex, falls flat on its face when reading the words of next Amendment to the Constitution!

This Amendment (the 15th) prohibits a new type of discrimination not covered by the 14th Amendment! It prohibits discrimination, or to be more accurate, prohibits the right of voting to be denied or abridged on account of “race, color, or previous condition of servitude.” The intent of the 15th Amendment clearly being to enlarge the intended prohibition on state legislated race based discrimination mentioned in the 14th Amendment, enlarging it to include the prohibition at the voting booth ---forbidding discrimination at the voting booth to be based upon “race, color, or previous condition of servitude“, while gender, and in particularly females, were not yet included in the protection.

The argument that the 14th Amendment prohibits state discrimination based upon gender, becomes even weaker when reading the 19th Amendment which specifically forbids a new kind of discrimination. In this Amendment, the People of America decide by a constitutional amendment to forbid gender discrimination [the discrimination mentioned by Ginsburg] but only extend the prohibition with respect to the right to vote being “denied or abridged” on account of “sex”.

If the 14th Amendment prohibited every kind of discrimination, including discrimination based upon sex as Ginsburg alleged in the VMI Case, then why were these subsequent Amendments added to the Constitution after the adoption of the 14th Amendment?

Finally, why would there have been a proposed and so-call equal rights amendment attempted to be added to the Constitution of the United States in the 1980’s to prohibit sex discrimination which never received the required number of ratifying States, if the 14th Amendment already prohibited discrimination based upon sex as Ginsburg alleges?

The bottom line is, many of our judges and Justices, including Justice Ginsburg, are acting in rebellion to our written Constitution and the documented intentions and beliefs under which it was adopted. Indeed, many of our judges and Justices are in fact "legislating from the bench" so as to impose their personal sense of justice, fairness and reasonableness using a variety of tests which, during litigation, switch the subject of a law’s constitutionality, to a question of the lawmakers wisdom, reasonableness, fairness and/or justice. And to meet the Court’s standards a law must be “reasonable“ and reflect what progressives on the Court arbitrarily fancy as social justice.

In fact, a questioned law to pass Ginsburg’s test, must have an "exceedingly persuasive justification" and “The justification must be genuine, not hypothesized or invented post hoc in response to litigation”, regardless of whether or not the law is within the four corners of our Constitution which no longer appears to be an important factor to Ginsburg and her tyrannical friends on the Court who wish to impose their personal whims and fancies as the rule of law.

JWK


"The public welfare demands that constitutional cases must be decided according to the terms of the Constitution itself, and not according to judges' views of fairness, reasonableness, or justice." -- Justice Hugo L. Black ( U.S. Supreme Court Justice, 1886 - 1971) Source: Lecture, Columbia University, 1968


The lower courts also simply lie about what the Supreme Court stated in opinions...the 4th, 7th and 9th have completely ignored D.C. v Heller, Caetano v Massachusetts, the dissent in Friedman v Highland Park...and simply made up their own law pertaining to gun rights...
 
One of the Supreme Court‘s “inventions” used to impose its will upon the people unknown to those who framed and ratified our Constitution, are various tests the court has created which are now used to circumvent and set aside the documented intentions and beliefs under which the various provisions of our Constitution have been adopted.

These “tests” began to appear and gain a foothold during the Warren Court of the l960’s. One such test was the "rationality" test under which a law being challenged had to withstand the court’s judgment that the law in question was “rationally based” or “reasonable” to survive the court‘s review. Of course, this allowed specific members on the court to switch the subject from what is and what is not constitutional during litigation, to a question having nothing to do with its constitutionality. Whether rational or not, a law which violates the Constitution cannot be justified as being constitutional if it is rationally based! Likewise, if a law is not rationally based it is not the Court’s job to second guess the wisdom of the legislature or our Constitution! To do so is to usurp legislative authority and ignore the separation of powers in our system of government, not to mention how such action negates the very reason for elections, which, in most cases, is to change public policy via appropriate legislation.

For example, imaging for a moment that a black male was denied employment by a state government based upon his race and the court, in spite of the 14th Amendment’s limited protection against state imposed race discrimination, upheld the denial of employment because the local government presented an “exceedingly persuasive justification” for not hiring the black male. This is what these tests are about, creating a platform for members on the Court to ignore identifying and enforcing the intentions and beliefs under which provisions our Constitution were adopted and impose their personal whims and fancies upon the people as the rule of law using flowery terms and phrases to justify ignoring the will of the people as expressed in a written Constitution!

By the early 1970’s the Court using a variety of invented “tests” [rationally based, compelling state interest, intermediate scrutiny, strict scrutiny, etc.], started to appear which blatantly ignored the documented intentions and beliefs under which various provisions of our Constitution were adopted, and went on to impose a majority of the Court’s own ideas of social justice, fairness and reasonableness as the rule of law. Some of the early cases which demonstrate the Court’s attack upon the text and documented legislative intent of our Constitution’s provisions which gives context to its text, and imposing its will as the rule of law using these newly created tests are Reed vs. Reed 404 U.S. 71 (1971), Frontiero vs Richardson 411 U.S. 677 (1973), Craig v. Boren 429 U.S. 190 (1976), and Roe v. Wade, 410 U.S. 113, (1973).

It is also important to note that the ACLU and Ruth Bader Ginsburg, who was a volunteer for the American Civil Liberties Union in the 1970’s, were both active in these cases and assisted the court in engineering clever words and phrases in conjunction with “tests” which were designed to parse words and circumvent the very intentions and beliefs under which the 14th Amendment was adopted.

When Ginsburg became a member of the Supreme Court the ground work had already been laid with her help in establishing these despotic tests as part of the Court’s arsenal used by its progressive members to make the Constitution mean whatever they wished it to mean.

For example, in delivering the Court’s opinion in the Virginia Military Institute (VMI) case, decided June 26, 1996, which commanded the Institute to accept women by citing the 14th Amendment as forbidding sex discrimination, Ginsburg pointed to previous Supreme Court rulings and the invented tests in question, and asserted a party seeking to uphold government action making a distinction based upon sex must establish an "exceedingly persuasive justification" In addition, Ginsburg noted, “The justification must be genuine, not hypothesized or invented post hoc in response to litigation. And it must not rely on overbroad generalizations about the different talents, capacities, or preferences of males and females.”

But the fact remains, Ginsburg, in delivering the opinion, never established that under the 14th Amendment the people of America decided to prohibit distinctions based upon gender in addition to their intentional prohibition against state legislation based upon “race and color”! And, the fact remains, Justice Ginsburg couldn’t establish this constitutional prohibition (sex discrimination) because time and again during the debates which framed the 14th Amendment the intended prohibition against discrimination was specifically identified as being limited to discrimination based upon “race, color, or former condition of slavery”, and only intended to apply in a very narrow area and protect the inalienable right of Blacks: “to make and enforce contracts, to sue...to inherit, purchase...property as was then enjoyed by white citizens. “Congress did not assume...to adjust what may be called the social rights of men...but only to declare and vindicate these fundamental rights.”___ see the Civil Rights Cases, 109 U.S. 3,22 (1883)

The argument that the wording in the 14th Amendment: (a)“all persons”, (b)"No State shall make any law which shall abridge the privileges or immunities of citizens of United States.", [c] "[N]or deny to any person within its jurisdiction the equal protection of the laws", as being evidence the 14th Amendment was intended to forbid distinctions based upon sex, or intended to be a universal rule to bar every imaginable type of discrimination, such as in Martin vs. PGA Tour and also includes discrimination based upon sex, falls flat on its face when reading the words of next Amendment to the Constitution!

This Amendment (the 15th) prohibits a new type of discrimination not covered by the 14th Amendment! It prohibits discrimination, or to be more accurate, prohibits the right of voting to be denied or abridged on account of “race, color, or previous condition of servitude.” The intent of the 15th Amendment clearly being to enlarge the intended prohibition on state legislated race based discrimination mentioned in the 14th Amendment, enlarging it to include the prohibition at the voting booth ---forbidding discrimination at the voting booth to be based upon “race, color, or previous condition of servitude“, while gender, and in particularly females, were not yet included in the protection.

The argument that the 14th Amendment prohibits state discrimination based upon gender, becomes even weaker when reading the 19th Amendment which specifically forbids a new kind of discrimination. In this Amendment, the People of America decide by a constitutional amendment to forbid gender discrimination [the discrimination mentioned by Ginsburg] but only extend the prohibition with respect to the right to vote being “denied or abridged” on account of “sex”.

If the 14th Amendment prohibited every kind of discrimination, including discrimination based upon sex as Ginsburg alleged in the VMI Case, then why were these subsequent Amendments added to the Constitution after the adoption of the 14th Amendment?

Finally, why would there have been a proposed and so-call equal rights amendment attempted to be added to the Constitution of the United States in the 1980’s to prohibit sex discrimination which never received the required number of ratifying States, if the 14th Amendment already prohibited discrimination based upon sex as Ginsburg alleges?

The bottom line is, many of our judges and Justices, including Justice Ginsburg, are acting in rebellion to our written Constitution and the documented intentions and beliefs under which it was adopted. Indeed, many of our judges and Justices are in fact "legislating from the bench" so as to impose their personal sense of justice, fairness and reasonableness using a variety of tests which, during litigation, switch the subject of a law’s constitutionality, to a question of the lawmakers wisdom, reasonableness, fairness and/or justice. And to meet the Court’s standards a law must be “reasonable“ and reflect what progressives on the Court arbitrarily fancy as social justice.

In fact, a questioned law to pass Ginsburg’s test, must have an "exceedingly persuasive justification" and “The justification must be genuine, not hypothesized or invented post hoc in response to litigation”, regardless of whether or not the law is within the four corners of our Constitution which no longer appears to be an important factor to Ginsburg and her tyrannical friends on the Court who wish to impose their personal whims and fancies as the rule of law.

JWK


"The public welfare demands that constitutional cases must be decided according to the terms of the Constitution itself, and not according to judges' views of fairness, reasonableness, or justice." -- Justice Hugo L. Black ( U.S. Supreme Court Justice, 1886 - 1971) Source: Lecture, Columbia University, 1968


The lower courts also simply lie about what the Supreme Court stated in opinions...the 4th, 7th and 9th have completely ignored D.C. v Heller, Caetano v Massachusetts, the dissent in Friedman v Highland Park...and simply made up their own law pertaining to gun rights...


The question is, when will our Congress critters start drawing up articles of impeachment when judges and Justices blatantly participate in rulings which are not in harmony with the text of our Constitution and its documented legislative intent, which gives context to its text?


JWK

The whole aim of construction, as applied to a provision of the Constitution, is to discover the meaning, to ascertain and give effect to the intent of its framers and the people who adopted it._____HOME BLDG. & LOAN ASS'N v. BLAISDELL, 290 U.S. 398 (1934)

 

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