A few points: 1) You started this thread, entitled Declaration of Constitutional Principles. Are you suggesting that a document written by Thomas Jefferson, entitled Declaration... on the Principles of the Constitution of the United States and of the Violations of Them is somehow irrelevant to the subject at hand?
Reading TJ's document makes it evident that the only commonality with Roland's essay is the words of the title. You need to get a grip on your pointless hyperbole.
2) If Mr. Roland is the author, why did you list the author as "unknown?"
I didn't bother to track him down... So sue me.
3) Did you know that Mr. Roland was the author of the following comment regarding Marbury v. Madison (which I quoted in part on a different thread)? "... [Mr. Justice Marshall's] dictum explaining the duty of the court to rule a statute unconstitutional if it was in conflict with the constitution was sound, as far as it went. The problem was that it left the impression that this was the exercise of a power of the court that only the court had. The misleading statement was, "It is emphatically the province and duty of the judicial department to say what the law is." It is misleading because it connotes that as the "province" it is exclusive of the other departments...
When one of the laws in conflict is the constitution, then the duty is of constitutional review, which is only judicial review when it is judges that happen to do it. It is not an exclusive power of the courts..."
As I said on that other thread, -- I don't think that Marshall thought review was "an exclusive power of the courts..." -- either, -- and said exactly that in other parts of Marbury.
-- Roland misinterprets Marshall's intent, just as many others have over the years.. -- Which is no big deal except to nitpickers desperately looking for an arguing point.
No “commonality” except the “title?” You have posted the one ‘declaration,’ and I have posted the address for the other – I’ll let other FReepers be the judge.
;>)
I didn't bother to track [the author of the item I posted] down... So sue me.
Obviously, you DID “bother to track him down” – but only after you had posted his Declaration (see your Post #18). Also, I don’t “sue” people over their unsubstantiated posts.
“You need to get a grip on your pointless hyperbole.”
;>)
Roland misinterprets Marshall's intent, just as many others have over the years..
Actually, Mr. Roland is exactly right. Given your lack of documentation to the contrary, it appears to be you who “misinterprets Marshall's intent, just as many others have over the years”…
;>)
Which is no big deal except to nitpickers desperately looking for an arguing point.
Sorry, my friend, but you were obviously the one “desperately looking for an arguing point” (see your ‘invitational’ Post #4). As I’ve stated via FReep-mail, I believe we agree on more issues than we disagree. And, unlike you, I have never suggested that I disagree with Mr. Roland (in fact, I link to his web site via my FR home page), or that Mr. Jefferson’s Declaration was inconsistent with what you posted on this thread. In short, the terms ‘desperate’ and ‘argumentative’ certainly describe your posts more than mine...
;>)