Posted on 04/03/2021 9:48:39 AM PDT by linMcHlp
It is the thesis of this monumentally argued book that the United States Supreme Court - largely through abuses of the Fourteenth Amendment to the Constitution, has embarked on "a continuing revision of the Constitution, under the guise of interpretation."
Consequently, the Court has subverted America's democratic institutions and wreaked havoc upon Americans' social and political lives.
One of the first constitutional scholars to question the rise of judicial activism in modern times, Raoul Berger points out that "the Supreme Court is not empowered to rewrite the Constitution, that in its transformation of the Fourteenth Amendment it has demonstrably done so. Thereby the Justices, who are virtually unaccountable, irremovable, and irreversible, have taken over from the people control of their own destiny, an awesome exercise of power."
This new second edition [1997] includes the original text of 1977 and extensive supplementary discourses in which the author assesses and rebuts the responses of his critics.
(Excerpt) Read more at oll.libertyfund.org ...
Raoul Berger (1901–2000) was the Charles Warren Senior Fellow in American Legal History, Harvard University.
Also recommended:
Treasury of Primary Documents - Primary Source Documents Pertaining to Early American History:
https://constitution.org/1-History/primarysources/primarysources.html
The Supreme Fart - Deep State puppets.
Looks quite interesting. Thanks!
Interesting concept.
I would have to agree with this, but I think you need to further refine it.
In the US, as in most Western nations, you have government agencies writing “regulations” that are de facto the law but never went through a real legislative or judicial process.
You today have some dweeb in the DOJ, EPA, FAA making some rule, and you the citizen need to follow it. That rule was never voted on in Congress.
You have 50 volumes of CFR (Code of Federal Regulations), annual additions spanning more than 25,000 pages, with 3,000 various offenses for which you can be fined, incarcerated, or have your property seized.
https://en.wikipedia.org/wiki/Code_of_Federal_Regulations
For example: https://www.faa.gov/space/legislation_regulation_guidance/
Some lawyers working for the FAA write some great new rules. These rules get posted and you the citizen (if you were paying attention) have a window where you can complain etc. (not that this really matters). After that, the rule gets posted and is the law of the land. There is no vote, Congress doesn’t look at it, most the news won’t report it, and so more and more rules are written by about 15 different agencies that write regulations that directly impact the lives of citizens. And here we are, you live in a “free” country where the EPA regulates how much water your toilet uses per flush and what lightbulb you use so you’re not in the dark. The DEA wants a report on how much, when and where you buy a decongestant and considers MJ a schedule 1 drug (like heroin and LSD). The ATF/FBI need to know if you buy a gun but claim they don’t share that information nor store it (they said you can trust them), and the TSA writes rules on what they get to do to you when you’re at the airport. But no worries, it’s all for public safety, so it’s all good.
Congress has abdicated it’s job to federal agencies and departments that are de facto legislating.
A few whimpers here & there, but most Americans are following the simple rules laid out for them by our communist rulers:
Bow down!... Obey!... Snitch!...
Oh yes... They also continue to hold out their hands and beg for more $1200 checks
Congress could send a proposed bill to the federal agencies involved.
The agencies could send back their proposed revisions.
“The ATF/FBI need to know if you buy a gun but claim they don’t share that information nor store it (they said you can trust them)”
I have previously posted this:
It should be noted that it was in 1993 and is in 2021 technically possible to have gun purchase criminal database background checking along with gun buyer anonymity with respect to the government.
One means would be to have each state government issue bar books to gun dealers covering all persons to which it has issued ID cards. There might be annual cumulative bar books, monthly cumulative update bar books and daily/dealer request cumulative bar fax updates.
Another means for 1993 technology would have the gun dealer would call an 800 number, give the operator the prospective buyer’s ID type, the five-digit zip code off the ID or the first three alphanumeric characters of the ID, say 545 in the case of my passport or G61 or 34275 in the case of my state ID card. The government would then fax back the associated bar list. If my passport number or last eight digits of my state ID card number was not on that list, I could then pay the dealer and walk out the door with my purchase. In 2021, an Internet website could make this far easier, and cheaper, and Amendment IV compatible.
If the Dems find a need and the will then pack the court they will end up disempowering the legislature and winding up with a dictatorship of the black robes. They dream they can control it. But why would the new majority of judges with unlimited power yield it back?
I wonder how e get around them.
Every Freeper should closely read the 13th-15th Amendments. Congress back then met problems head-on and didn’t punt to the exec or judicial branches.
They freed slaves, made citizens of them, and granted them the political right to vote . . . with nary democrat vote.
At the end of each Amendment, congress charged itself with enforcement and not to a few unaccountable lawyers.
Despite knowing how scotus has ‘effed up our once republic, I ordered the book anyway. Thanks. /s
Congress has tremendous Article III powers to kick federal courts back to where they belong.
But, since the senate is popularly elected and members are too frightened to risk media criticism, forget about it.
Congress used to insert provisions stripping the courts of any jurisdiction over certain pieces of legislation. I’d love to see that happen again.
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