DGS49
Diamond Member
During the period from the FDR Administration through the present, the Federal courts and particularly the U.S. Supreme Court have expanded and distorted the U.S. Constitution in many areas, to the point where "Constitutional Law" has become completely unmoored from the clear words of the Constitution - and with that expression I include words that are manifestly NOT in the Constitution, but are treated as though they were.
The danger of this situation is that neither the Congress, the President, the States, nor the People can revise the Constitution appropriately, because all that is necessary is to take the words of the actual document seriously.
A few examples:
"...Commerce...among the several States..." These words are usually stated as "interstate commerce," which is good enough. The Supreme Court has interpreted these five words to include commerce of any kind within the entire United States. The words "among the states" have been completely written out of the Constitution, to the extent that there is no commerce anywhere in the country that does not come under the control of Federal regulators and Federal law. So how would the American people achieve a CHANGE to get the Supreme Court to start taking the words of the Constitution seriously.
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated..." These words - not all that complicated - have been expanded - to void all anti-sodomy laws, and to void anti-abortion laws. And given the right case, they will surely be used to void anti-incest laws and anti-polygamy laws. (I would include marriage laws, w/r/t gay marriage, but those adventures were mainly based on equal protection nonsense). So we have WORDS that guard us against "unreasonable searches and seizures," but the Supreme Court has used them to create a whole new, undefinable "Constitutional right." The Right of Privacy.
Of course the biggest fiasco is the complete nullification of the Tenth Amendment, which limits the Federal Government (in effect, Congress) to the powers specifically spelled out in Article I, reserving everything else to the states and to the people (i.e., the private sector). "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." The result of this bit of outlandish usurping is that at least half of the spending of the United States is unconstitutional.
Isn't it amazing that at the turn of the last century it was universally known that the Feds could not provide drought relief to farmers - prohibited by the Tenth Amendment. But now, the Tenth Amendment has never been amended, but "we" provide relief to farmers for everything but kidney stones - and pretend that it's all completely Constitutional.
Where do we go to get our Constitution back?
The danger of this situation is that neither the Congress, the President, the States, nor the People can revise the Constitution appropriately, because all that is necessary is to take the words of the actual document seriously.
A few examples:
"...Commerce...among the several States..." These words are usually stated as "interstate commerce," which is good enough. The Supreme Court has interpreted these five words to include commerce of any kind within the entire United States. The words "among the states" have been completely written out of the Constitution, to the extent that there is no commerce anywhere in the country that does not come under the control of Federal regulators and Federal law. So how would the American people achieve a CHANGE to get the Supreme Court to start taking the words of the Constitution seriously.
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated..." These words - not all that complicated - have been expanded - to void all anti-sodomy laws, and to void anti-abortion laws. And given the right case, they will surely be used to void anti-incest laws and anti-polygamy laws. (I would include marriage laws, w/r/t gay marriage, but those adventures were mainly based on equal protection nonsense). So we have WORDS that guard us against "unreasonable searches and seizures," but the Supreme Court has used them to create a whole new, undefinable "Constitutional right." The Right of Privacy.
Of course the biggest fiasco is the complete nullification of the Tenth Amendment, which limits the Federal Government (in effect, Congress) to the powers specifically spelled out in Article I, reserving everything else to the states and to the people (i.e., the private sector). "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." The result of this bit of outlandish usurping is that at least half of the spending of the United States is unconstitutional.
Isn't it amazing that at the turn of the last century it was universally known that the Feds could not provide drought relief to farmers - prohibited by the Tenth Amendment. But now, the Tenth Amendment has never been amended, but "we" provide relief to farmers for everything but kidney stones - and pretend that it's all completely Constitutional.
Where do we go to get our Constitution back?