Oh, but I do accept and promote the rule of law, especially the fundamental rules of constitutional construction, and also follow the rules of the common law as our Constitution commands.
Why do you reject abiding by the documented intentions and beliefs under which our Constitution was adopted?
JWK
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 constitutionÂ’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.
"Why do you reject abiding by the documented intentions and beliefs under which our Constitution was adopted?"
Because they were not debated, resolved, and ratified democratically.
They are merely the sides around the table.
As I pointed out yesterday, some around the table wanted a monarchy. It was debated but not resolved, and ratified democratically. A republican form of government was instead.
Therefore the words used by those who favored monarchy are disempowered in the law.
They can be quoted but they hold no authority over us.
In answer to my question asking you "Why do you reject abiding by the documented intentions and beliefs under which our Constitution was adopted?", you respond by saying
”Because they were not debated, resolved, and ratified democratically.”
But the irrefutable fact is, the documented intentions and beliefs under which our Constitution was adopted are found in the very debates during which time our Constitution was framed and ratified. And you admit this fact when you point out that “some around the table wanted a monarchy” during the framing of our Constitution. Of course, this was rejected.
But let us take a specific example of documenting the founderÂ’s intentions with regard to bank notes e.g. Federal Reserve Notes, being made a legal tender. SEE
The Debates in the Federal Convention of 1787, reported by James Madison: August 16
Mr. Govr. MORRIS moved to strike out "and emit bills on the credit of the U. States"-If the United States had credit such bills would be unnecessary: if they had not, unjust & useless.
Mr. BUTLER, 2ds. the motion.
Mr. MADISON, will it not be sufficient to prohibit the making them a tender? This will remove the temptation to emit them with unjust views. And promissory notes in that shape may in some emergencies be best.
____ cut _____
Mr. READ, thought the words, if not struck out, would be as alarming as the mark of the Beast in Revelations.
Mr. LANGDON had rather reject the whole plan than retain the three words "(and emit bills")
On the motion for striking out
N. H. ay. Mas. ay. Ct ay. N. J. no. Pa. ay. Del. ay. Md. no. Va. ay. [FN23] N. C. ay. S. C. ay. Geo. ay.
[FN23] This vote in the affirmative by Virga. was occasioned by the acquiescence of Mr. Madison who became satisfied that striking out the words would not disable the Govt. from the use of public notes as far as they could be safe & proper; & would only cut off the pretext for a paper currency, and particularly for making the bills a tender either for public or private debts.
The irrefutable fact is, our founding fathers intended the market place, and only the market place, to determine what notes, if any, were safe and proper to accept in payment of debt, and they specifically chose to forbid folks in government making a particular bank note, or any “note” a legal tender, which, if allowed, would literally force people and business owners to accept worthless script in payment of debt.
So with this evidence, how is it constitutional for Federal Reserve Notes to be made a “LEGAL TENDER FOR ALL DEBTS PUBLIC AND PRIVATE”, which in fact has created a money monopoly being placed in the hands of private bankers?
I would also like to know why you reject enforcing legislative intent when our Constitution under Amendment VII recognizes and commands our courts to observe and enforce “the rules of the common law”. I ask this because under the rules of the common law mentioned in our Constitution adhering to legislative intent is the most fundamental rule of constitutional construction.
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 as 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."
Either you support and defend our Constitution and the documented intentions and beliefs under which it was adopted, or you stand against it and pretend it means whatever you wish it to mean.
Finally, you still have not posted your evidence supporting your absurd comment that
“the Federal government can do whatever the hell it wants other than what is in the Bill of Rights." So tell us, where did our founding fathers write down your above stated opinion in our Constitution? Please feel free to point to those words.
JWK
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 constitutionÂ’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.