PoliticalChic
Diamond Member
1. Discussing the Supreme Court, Thom Hartmann, SuperProgressive, wrote this:
“Nobody doubted that the Supreme Court had the power to strike down the law [ObamaCare] in its entirety, or to uphold it entirely, or even to rewrite parts of it or parse it into pieces, which is what happened. Similarly, nobody questioned why the most powerful branch of government, the one with the final say over pretty much everything, was also the one that never had to submit itself to we the people in an election or suffer any other form of account- ability.”
2. The next question is where the Constitution, the law of the land, the only set of laws that the people of this nation have agreed to be governed by, states that the Supreme Court has power over the executive or the legislative branches?
It says no such thing.
The authority for same does not exist.
3. The glaring, and momentous, mistake on the part of the Founders, was the Judicial (Supreme Court and lower Courts) Branch of the government.
Before any excuse for the error is mounted , it should be noted that the Constitution does not provide for what is called ‘judicial review,’ nor is the concept found in English law.
4. In Marbury vs Madison, John Marshall accomplished the most significant theft in our political history.
Jefferson wrote to Abigail Adams, Sept. 11, 1804:
"Nothing in the Constitution has given them (judges) a right to decide for the Executive, more than to the Executive to decide for them ...
But the opinion which gives to the judges the right to decide what laws are constitutional, and what not, not only for themselves in their own sphere of action, but for the legislature and executive also, in their spheres, would make the judiciary a DESPOTIC branch."
5. Well, if the Constitution doesn’t state that the Supreme Court decision must be the final word, what happens to Presidents who challenge that pretend authority?
Nada.
“Jefferson: to “consider the judges the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed and one which would place us under the despotism of an oligarchy.”
Jackson: “The opinion of the judges has no more authority over Congress than the opinion of Congress has over the judges, and on that point the President is independent of both.”
Lincoln: “If the policy of the government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court . . . the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal.” First Inaugural Address
Franklin Roosevelt: Proposed speech stating that if the Supreme Court should invalidate a certain New Deal measure, he would not “stand idly by and... permit the decision of the Supreme Court to be carried through to its logical inescapable conclusion.” Quoted in Kathleen M. Sullivan et al., “Constitutional Law,” pg. 20– 24 (15 ed., 2004).
Would anyone be surprised if Trump did the same???
“Nobody doubted that the Supreme Court had the power to strike down the law [ObamaCare] in its entirety, or to uphold it entirely, or even to rewrite parts of it or parse it into pieces, which is what happened. Similarly, nobody questioned why the most powerful branch of government, the one with the final say over pretty much everything, was also the one that never had to submit itself to we the people in an election or suffer any other form of account- ability.”
2. The next question is where the Constitution, the law of the land, the only set of laws that the people of this nation have agreed to be governed by, states that the Supreme Court has power over the executive or the legislative branches?
It says no such thing.
The authority for same does not exist.
3. The glaring, and momentous, mistake on the part of the Founders, was the Judicial (Supreme Court and lower Courts) Branch of the government.
Before any excuse for the error is mounted , it should be noted that the Constitution does not provide for what is called ‘judicial review,’ nor is the concept found in English law.
4. In Marbury vs Madison, John Marshall accomplished the most significant theft in our political history.
Jefferson wrote to Abigail Adams, Sept. 11, 1804:
"Nothing in the Constitution has given them (judges) a right to decide for the Executive, more than to the Executive to decide for them ...
But the opinion which gives to the judges the right to decide what laws are constitutional, and what not, not only for themselves in their own sphere of action, but for the legislature and executive also, in their spheres, would make the judiciary a DESPOTIC branch."
5. Well, if the Constitution doesn’t state that the Supreme Court decision must be the final word, what happens to Presidents who challenge that pretend authority?
Nada.
“Jefferson: to “consider the judges the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed and one which would place us under the despotism of an oligarchy.”
Jackson: “The opinion of the judges has no more authority over Congress than the opinion of Congress has over the judges, and on that point the President is independent of both.”
Lincoln: “If the policy of the government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court . . . the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal.” First Inaugural Address
Franklin Roosevelt: Proposed speech stating that if the Supreme Court should invalidate a certain New Deal measure, he would not “stand idly by and... permit the decision of the Supreme Court to be carried through to its logical inescapable conclusion.” Quoted in Kathleen M. Sullivan et al., “Constitutional Law,” pg. 20– 24 (15 ed., 2004).
Would anyone be surprised if Trump did the same???