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To: Vicomte13
and I have no sense that Americans connect the bad laws that come from the US Supreme Court with a flaw in the American Constitution itself.

Not all of us do.

There is NOTHING wrong with the Constitution, it is beautiful in it's simplicity.

The problem is with the black-robed bastards that decided THEY have the authority to 'interpret' it, and REFUSE to uphold the principles on which it was founded!

971 posted on 06/23/2005 3:55:29 PM PDT by MamaTexan ( TAG!!! You're IT!! :)
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To: MamaTexan

"There is NOTHING wrong with the Constitution, it is beautiful in it's simplicity.
The problem is with the black-robed bastards that decided THEY have the authority to 'interpret' it, and REFUSE to uphold the principles on which it was founded!"

But it does not have a mechanism to protect itself against what the Supreme Court has done, does it?

If judges have taken this authority, as you have suggested, they did so well over a century ago. But they have never been defied since the American Civil War.

Which indicates to me that the system as it exists, with judges doing the things that you heartily oppose, is actually the US Constitutional system. It's not in the written Constitution, I agree, but that has been a dead letter for a long, long time, hasn't it? Judges have been doing precisely what they are doing now in America since they provoked the American Civil War with their Dred Scott decision. The President Lincoln defied them directly, but no official since has, for generation after generation.

So, there's the document, which perhaps held sway until 1857, which is to say 68 years. And then there is the modern structure in which judges behave as they do, for the last perhaps 132 years at least.

The written document is beautiful and simple, I agree.
But it is not the law in the land of the United States.
What the Supreme Court says is the law of the land in America, and this is nowhere made clearer than when the Supreme Court of the US makes laws that more or less directly contradict the language of the Constitution document.

The Supreme Court has never been defied, never been overruled, never been directly struck down, not since the Civil War.

It seems to me that reality is that what the Supreme Court says the US Constitution is, is the Constitution, and that whatever the piece of paper says, there has been nobody in America since Abraham Lincoln who has directly overruled the Supreme Court in defense of a different interpretation of the Constitution or the law.

I understand your anger, but what is the solution?


1,013 posted on 06/23/2005 5:21:59 PM PDT by Vicomte13 (Et alors?)
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