Posted on 02/08/2010 7:49:03 PM PST by kingattax
The following article by Herbert W. Titus, JD, and Christine Ross first appeared in the May/June ‘99 issue of “Life Advocate” magazine. ---
The mainstream media tell us that the Supreme Court legalized abortion with its Roe v. Wade decision in 1973. The media also tell us that there is nothing we can do about it because Roe v. Wade is the “law of the land.”
Nothing could be further from the truth. Abortion is not legal in America! Recognition of this fact is the first step for the pro-life movement in its campaign to turn back the murderous scourge on innocent babies.
Indeed, heart disease (738,781 deaths per year) is not the number one cause of death in the United States - abortion is, at well over a million deaths per year.
Article VI of our nation’s founding document declares that “[t]his Constitution, and the laws of the United States.. .made in pursuance thereof; and all treaties…made…under the authority of the United States shall be the supreme law of the land.”
What is clearly missing from this Constitutional list of supreme laws is a court opinion. This was not an oversight.
Our Constitution’s writers knew that a court opinion could never be law; much less the supreme law of the land. This is especially true if that court opinion contradicted the Constitution itself
(Excerpt) Read more at theamericanview.com ...
Perhaps true, but in reality, (no disrespect intended), meaningless.
It may be meaningless but this ruling is not based on law or a clear meaning in the Constitution. They made it up. Now one gets into separation of powers.
Btw, none taken. Friendly exchange of ideas/opinions.
All law Should Be rooted in scripture, sadly, that is not always the case.
Do you really want to give that authority to Obama, Reid and Pelosi?
Do you want Obama to decide that the laws forbidding Americans to support an enemy in combat on foreign soil are unconstitutional.
Do you want Pelosi to decide that laws prohibiting adoptions by avowed homosexuals, such as we have in Florida, are unconstitutional?
They couldn't keep their oath of office if they couldn't do that. But the exact same thing is true of the other branches.
This isn’t about any faction’s personal power. This is about whether we live in a constitutional republic or in a judicial oligarchy.
Unfortunately, a large mass of political and legal elites today believe we live in the latter.
While there are a number of important things I disagree with Herb Titus on, he's hardly "on crack." He's the former Dean of the Liberty University law school, and almost certainly knows more about the law and the Constitution than all of us on this thread put together.
The problem is, Jephthah's daughter is that first person to come out of the door, so after giving her 2 months to “bemoan her virginity” Jephthah kills her for God.
Great basis for law!
I asked you a specific question in post #37, and I’m wondering if you’re going to answer it.
Like it or not, they must.
So, you’e a judicial supremacist.
You believe this is a judicial oligarchy instead of a constitutional republic.
Have you every heard the phrase “checks and balances”?
The dignity and stability of government in all its branches, the morals of the people, and every blessing of society depend so much upon an upright and skillful administration of justice, that the judicial power ought to be distinct from both the legislative and executive, and independent upon both, that so it may be a check upon both, and both should be checks upon that.
Reference: The Works of John Adams, C.F. Adams, ed. (198)
John Adams
The Judiciary…has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society, and can take no active resolution whatever. It may truly be said to have neither force nor will.
Reference: Hamilton, Federalist No. 78 (465)
Alexander Hamilton
“It is agreed on all sides, that the powers properly belonging to one of the departments ought not to be directly and completely administered by either of the other departments. It is equally evident, that none of them ought to possess, directly or indirectly, an overruling influence over the others, in the administration of their respective powers. It will not be denied, that power is of an encroaching nature, and that it ought to be effectually restrained from passing the limits assigned to it.”
— Federalist Paper 48; James Madison
“It is important, likewise, that the habits of thinking in a free country should inspire caution in those entrusted with its administration, to confine themselves within their respective constitutional spheres, avoiding in the exercise of the powers of one department to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create, whatever the form of government, a real despotism. A just estimate of that love of power, and proneness to abuse it, which predominates in the human heart, is sufficient to satisfy us of the truth of this position. The necessity of reciprocal checks in the exercise of political power, by dividing and distributing it into different depositaries, and constituting each the guardian of the public weal against invasions by the others, has been evinced by experiments ancient and modern; some of them in our country and under our own eyes. To preserve them must be as necessary as to institute them. If, in the opinion of the people, the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed. The precedent must always greatly overbalance in permanent evil any partial or transient benefit, which the use can at any time yield.”
— From George Washington’s Farewell Address
The germ of dissolution of our federal government is in the constitution of the federal judiciary; an irresponsible body, (for impeachment is scarcely a scare-crow) working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped from the States, and the government of all be consolidated into one.
— Thomas Jefferson, letter to Charles Hammond, Aug 18, 1821
The great object of my fear is the federal judiciary. That body, like gravity, ever acting, with noiseless foot, and unalarming advance, gaining ground step by step, and holding what it gains, is engulfing insidiously the special governments into the jaws of that which feeds them.
— Thomas Jefferson, letter to Judge Spencer Roane, Mar 9, 1821
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