During Thursday evening’s debate Gingrich had good cause to suggest eliminating the San Francisco-based 9th U.S. Circuit Court of Appeals and subpoenaing judges to appear before Congress. Gingrich said “The courts have become grotesquely dictatorial, far too powerful and I think frankly arrogant in their misreading of the American people”.
Actually, “misreading” the American people is irrelevant when a court is deciding the constitutionality of a law. What is important is many of our judges and Justices have been “misreading” our Constitution‘s legislative intent, and intentionally pretending it means whatever their personal whims and fancies dictate the Constitution ought to mean. The advantage of subpoenaing judges to appear before Congress cannot be justified to rehash a decision of a court or its judges. But it can be justified to establish whether or not a decision has followed the fundamental rules of constitutional law, especially the primary rule which is stated as follows:
“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.”--- numerous citations omitted, Vol.16 American Jurisprudence, 2d Constitutional law (1992 edition), pages 418-19, Par. 92. Intent of framers and adopters as controlling
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cut short per our policy. LINK UP to your post.
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.
Actually, “misreading” the American people is irrelevant when a court is deciding the constitutionality of a law. What is important is many of our judges and Justices have been “misreading” our Constitution‘s legislative intent, and intentionally pretending it means whatever their personal whims and fancies dictate the Constitution ought to mean. The advantage of subpoenaing judges to appear before Congress cannot be justified to rehash a decision of a court or its judges. But it can be justified to establish whether or not a decision has followed the fundamental rules of constitutional law, especially the primary rule which is stated as follows:
“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.”--- numerous citations omitted, Vol.16 American Jurisprudence, 2d Constitutional law (1992 edition), pages 418-19, Par. 92. Intent of framers and adopters as controlling
deleted
cut short per our policy. LINK UP to your post.
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.