DriftingSand
Cast Iron Member
- Thread starter
- #81
awesome...you totally dont get how our government works....."Where Do YOU Stand On The Constitution?"
Where one 'stands' on the Constitution is irrelevant.
The only thing relevant is the fact that the Constitution exists only in the context of its case law, as determined by the Supreme Court, authorized by the doctrine of judicial review, and as codified by the Constitution in Articles III and VI.
Everyone is entitled to his own opinion as to what the Constitution means, but he is not entitled to his own facts of Constitutional case law.
One is at liberty to disagree with the case law if he so desires, but he must also understand and accept the fact that Constitutional jurisprudence is the settled and accepted law of the land, binding on the states and citizens, until the Supreme Court rules otherwise.
Last, the Constitution is neither 'living' nor 'static,' it is the culmination of centuries of Anglo-American judicial tradition dating back to the Magna Carta and the Assizes of Henry II, and the doctrine of judicial review was practiced by Colonial courts for well over a century before the advent of the Foundation Era, where American citizens of the new Republic fully expected the courts to continue to review acts of Congress and the states and invalidate those offensive to the Founding Document.
You mention the Supreme Court as opposed to lower, Federal courts which should not have the power to overthrow the will of the People within the States. The founding fathers have provided us with much written documentation as to their underlying will which was a Federal government with limited power as well as a system of checks and balances. We currently have a court system than has run amok without a system currently in place to rein its Justices in. Their actions are out of line with the intent of the founding fathers and, thus, unconstitutional.
Not only do I "get how it works" ... I get how it's supposed to work. Too bad you don't.