This is embargoed until tomorrow but will run then on ChronWatch.com The following day I'll present this as a speech to some movers and shakers who have a chance to propose this to the Congress.
All of the subjects presented here are of obvious strong interest to FReepers, based on active interest in threads on these. I am especially grateful to the FReepers who assembled the information on the "ketchup money" connection to some of the 9/11 families. I put that in the post script to this column.
Let me know what y'all think of this.
John / Billybob
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To: *Old_North_State; **North_Carolina; mykdsmom; 100%FEDUP; 2ndMostConservativeBrdMember; ~Vor~; ...
NC ping!
Please FRmail me if you want to be added to or removed from this North Carolina ping list.
36 posted on
03/08/2004 6:47:03 AM PST by
Constitution Day
("The germ of dissolution of our federal government is in the constitution of the federal Judiciary.")
To: Congressman Billybob
The civil disobedience and anarchy of today is directly related to the US Supreme Court decision in Lawrence v. Texas. In fact, the canard being hoisted these days is an equal protection argument that only one justice (out of 9) agreed with, as noted by Scalia in his dissent.
To: Congressman Billybob
So... now that several judges and local officials are setting anarchy as the appropriate example to govern by, what is to be their punishment?
To: Congressman Billybob
BUMP!
40 posted on
03/08/2004 8:22:05 AM PST by
F.J. Mitchell
(With the democrats down to one John now, he's gonna be full of it !!!!)
To: Congressman Billybob
I agree with your sentiment, and we must start someplace. This place is as good as any to start drawing bold lines.
But this does not cure the deeper problem of judges simply ignoring the plain words and intent of the Constitution for their own nefarious ends. The Campaign Finance Reform Act, twisting of the "commerce" clause, and uncountable other wholesale perversions of the 1st, 2nd, 4th, 5th, 6th, 8th, 9th and 10th Amendments which all seem pretty clearly written - and just as clearly ignored - are examples, just for starters.
What makes you think these same Soviet-style judges will obey, rather than twist, the clause in your newly minted 28th?
No. There has to be available sticks against these judges and their putrid accomplises to go along with the succulent carrots of their lofty offices.
So far, I haven't seen the right ones, but I'm sure better minds than mine can come up with them. Impeachment hasn't proven to be a deterrent. Perhaps a combination of elections and term limits is? They are too far removed from the "will of the people" and have instead become an ongoing Constitutional Convention in their own eyes.
In any event, there has to be a quick and punishing alternative for their stepping all over the clear meaning of that Constitution. I don't think merely passing some additional twistable phrases in an additional Amendment will do it for very long.
41 posted on
03/08/2004 9:49:36 AM PST by
Gritty
("An independent judiciary does not mean judges independent of the Constitution"-Thomas Sowell)
To: Congressman Billybob
Billybob writes:
We have three branches of government. The legislative, which is elected by us, writes the laws. The executive, president or governor are also elected, and carry out or execute the laws generally. The judicial branch judges the cases of citizens who may have violated the law, civil or criminal.
It also judges cases in which the Legislative or Executive branches have overstepped their lawful Constitutional powers. Why did you omit this equally important function?
In most states and on all federal benches, the judges are not elected. They are the public officials most removed from the people, except in one way. Judges serve under the authority of state or federal constitutions, and a constitution is the most basic and enduring way that the people express their political decisions.
Indeed, - Constitutions supposedly protect our individual rights from overzealous politicians, if the judiciary are doing their jobs.
You see where this is headed. When judges decide to amend the constitution on their own, they are attacking the most basic political right that Americans have.
Judges haven't the power to amend. You know this, yet you keep demagoguing the issue.
When judges make decisions repugnant to our constitutions, our other branches of government are obligated to correct the matter, using their powers to check & balance.
In the Declaration of Independence it is expressed as "the right to Alter or Abolish their Forms of government."
In Article V, the amendment provisions, it is expressed as the power of two-thirds of Congress to propose, and three-fourths of the states to ratify, any change in the Constitution. Similar provisions appear in all state constitutions, usually including a referendum by the people. THIS is what judges are stealing when they arrogate to themselves the power to rewrite a constitution.
You seem to assume the constitutions check/balance system is broken. - Not so. -- The political system is broken.
That states the problem. What's the solution?
I say we change the political situation, not the constitution.
Of course, those with political aspirations prefer to increase the power of government, even to the point of altering it with unneeded amendments, -- as we see.
You want to become part of that problem John, rather than to solve it.
45 posted on
03/08/2004 1:21:09 PM PST by
tpaine
(I'm trying to be 'Mr Nice Guy', but the U.S. Constitution defines conservatism; - not the GOP.')
To: Congressman Billybob
Impeachment, nullification, interposition, and the use of Article III, Sec. 2 of the Constitution all need to be considered.
The marriage amendment should not be necessary. These actions by SF's mayor and the Massachutsetts judiciary are lawless and unconstitutional. We simply cannot amend the constitution every time the left decides to disregard it. We need to hold these officials accountable through impeachment, recall, nullification, interposition and arrest where necessary.
I am so seek of this endless deference to judicial tyranny.
When oh when will some elected executive officer in some state or federal capacity, in fulfilling his constitutional duty to honestly interpet the constitution (federal or state) just disregard the unconstitutional rulings of any court and dare the legislature to impeach him for it? When will some legislature impeach just ONE judge for an unconstitutional ruling?
To say that the courts have the final word on the constitutionality of a law NO MATTER WHAT THEY RULE is to say that the system of checks and balances envisioned by the founders does not exist any more.
Alan Keyes gave the best summation of this issue that I've heard yet. He said that every branch of government has a duty to honestly interpret the constitution. If the president honestly feels the courts make an unconstitutional and lawless ruling, then the president should disregard that ruling and refuse to enforce the provisions that he felt were blatantly unconstitutional. If the Congress felt the president was wrong in this decision, then it was their duty to impeach him for it. If the electorate felt that the Congress was wrong for impeaching the president or the failure to impeach him, they can remove them at the next election, as well as the president for any presidential actions that they considered wrongful. Congress can and should impeach federal judges for blatently unconstitutional rulings that manufacture law.
Lest anyone consider this formula has a recipe for chaos, then I submit to you there is no chaos worse than an unchecked oligarchic Judiciary. We are not living under the rule of law when judges make law up to suit their whims has they engage in objective based adjudication.
49 posted on
03/08/2004 7:24:17 PM PST by
DMZFrank
To: Congressman Billybob
First, why does a decision by a Massachusetts court present a national problem? Thats due to the Full Faith and Credit Clause of the US Constitution, which requires all states to recognize the official acts of other states. And a marriage certificate from one state is clearly represents an official act, when that couple travels to another state.Question: Are states truly required to accept marriages that conflict with their own laws?
To put the question another way, let's use an example other than marriage. Say two people in Tennessee sign a contract of a kind that's illegal in Massachusetts (I don't know, maybe a yellow-dog contract or something). If they move to Massachusetts, would Massachusetts be obliged to enforce this contract?
52 posted on
03/09/2004 9:06:38 PM PST by
inquest
(The only problem with partisanship is that it leads to bipartisanship)
To: Congressman Billybob
Failure to remove the cancer of judges and other high officials who mock their sworn Oaths of office to usurp their servitude to our RATIFIED Constitution has ripened into this rotten fruit from the sick tree.
Federal judicial appointments are not for "life". That is mythology like any Constitutionality of judicially contrived, self-serving "compelling State interests" used to nullify inconvenient parts of our ratified Constitution, such as our Bill of Rights and 14th Amendment.
Undermining our ratified Constitution by "interpreting" our Constitution and proper laws away when they are inconvenient to "activists" agendas is nothing if not impeachable "bad" behavior, damaging to our social order and lawful society.
Fascism is merely criminally corrupt socialism. "Sovereign immunity" is their ticket to rule without cost. A corrupt judiciary is a requirement for fascism to take over a nation. Sovereign immunity" and "compelling State interests" are both feet in the door.
America is at an historical crossroads amid islam's declared Terror War and this is not about homo agendists perverting the only definition of marriage, to suit themselves and demean normals' marriages.
Either we stop the blackrobed or not political outlaws' Law of Rule or we fail our dying ratified Constitutional Republic, never to regain our Rule of LAW short of Declaration of Independence Jeffersonian armed revolution.
We must demand that our high officials obey our ratified Constitution or force them out of office with full loss of more than adequate pay and substantial perks and benefits AND near total power over us. We the People and the several states have the power under law to further limit the temporary lawful authority of our extra-Constitutional employees.
This matter is that simple.
Today we should limit federal judges/justices to terms no longer than 10 years, while impeachments proceed before this islamist Terror War further disrupts opur ability of self-government. Slavery to the dogma of stare decisis is wrong, when former rulings were outlaw. Over 70 years of usurping our ratified Constitution under socialist FDR and his wannabees has wrought tyrannical bench law ever more lawless.
Executive Order unConstitutional "Emergency Powers'" marshal Law is coming with islam's war crimes' plagues or nukes loosed upon our men, women, and children - for allah. Limited government pursuant to our ratified Constitution? Continuity of Government is too important. Our Federal Government is Borg, precedence is Lincoln's War of Northern Aggression circa 1861. Might is right as limited government is just too limiting. Meanwhile...
I refuse to stand by and be tyrannized by high officials who refuse to perform their limited job duties as designated in the very Law of OUR Land from which they derive any and all temporary lawful authority over us.
We are ruled by outlaws, acting under color of law - the most dangerous and contemptuous kind of outlaws as they use the force of overwhelming police powers of the State to impose "under penalty of law" upon us as they make up law without basis in law.
Judicial tyranny is now rampant and bullying us into post-commie fascism from which we can not peacefully return to liberty under law. More and more blackrobes are the leading pretorians mocking, perverting, and undermining the only Constitution we and they have - the only bilateral social contract these bullies use to tyrannize meek "commoners".
Blackrobes maybe as astonished that we obey their unlawful rulings as we are. Activist courts are in utter contempt.
Either we enforce our Constitutional Republic or we lose it, today. Yesterday is lost, as may be tomorrow.
58 posted on
03/17/2004 12:57:41 AM PST by
SevenDaysInMay
(Federal judges and justices serve for periods of good behavior, not life. Article III sec. 1)
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