Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: Pikachu_Dad; WriteOn
Sometimes, the only place you can get an "American" view published is in the foreign press. Actually, it's not 'The Canadian Free Press' espousing views, it's a US citizen espousing views in that forum. This is not written as a staff editorial.

The article itself is pretty good, and in fact for most of it I was agreeing completely. For example: The federal government had no authority to interject itself into Roe v. Wade.

I do disagree on the topic of judicial review on one aspect. The US Constitution is our contract with ourselves, and in it we delegate certain authority to the federal government. In particular, we grant to the federal court system 'original jurisdiction' when one of the States is a party to the dispute. Among the authority we delegate to the federal government is the responsibility to see that the rights established in the Constitution are upheld ("not infringed").

In the case of a law passed by either Congress or a State that violated the 'privileges and immunities of a Unites States citizen' (once that amendment was passed) for example, it would be proper for the federal courts to strike it down as unConstitutional. However, there is a world of difference between the very narrow authority to say that something is unConstitutional, (To say, "no" on something) and the activist legislation from the bench of saying what 'yes' must be.
6 posted on 02/01/2015 11:26:46 AM PST by Phlyer
[ Post Reply | Private Reply | To 2 | View Replies ]


To: Phlyer
Given the problems of state centrality under the Articles of Confederation, its still a pity the constitution didn't include a state override provision of federal statutes/Scotus decisions. James Madison and Thomas Jefferson drafted the VA/KY Resolutions which howled of usurpations, stepped up to the line, yet did not nullify the Alien and Sedition Acts.

In their opinion, and justifiably, the parties to the constitutional compact have the right to act collectively as judges of the last resort to violations of the charter. To them, when a state acted by itself, it meant minority rule, for local interventions in the general sphere could raise the devil that wrecked the Articles of Confederation. Seven other states condemned the VA/KY Resolutions.

Among Mark Levin's fabulous, recommended liberty amendments are two which provide for repeal/overturn of statutes/Scotus decisions on three fifths vote of the states. Along with the rest of his amendments, our nation is in dire need of these two.

Article V NOW!

8 posted on 02/01/2015 12:10:13 PM PST by Jacquerie (Article V. If not now, when?)
[ Post Reply | Private Reply | To 6 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson