Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Non-Sequitur; wolfcreek; Who is John Galt?; marsh2; Idabilly; Bigun; Truthsearcher; fightinJAG; ...

> Where in the Constitution does it say the Federal courts
> are the final arbiters of any and all Constitutional issues?

>> Article III where it defines the court's jurisdiction.

I know precisely what Article III, Section 2, Clause 1 says, and that's exactly why I asked.

It's a common misconception.

Over time, nationaliststhanks primarily to Chief Justice John Marshall's decisions early in the country's historyhave been very successful at planting the idea in the American mindset that our Federal courts are the final arbiters of any and all Constitutional issues.

These “powers” of THE REPUBLIC have been perverted and distorted over the centuries from Original Intent. Remember - we are a REPUBLIC ... the UNITED States.

When the SCOTUS reviews a question, all too often it is HOW the Constitution applies to a given matter, versus IF the Constitution applies to that matter at all! Too many times the States have acquiesced their States Rights — mostly out of ignorance — as a result of some inane SCOTUS or Federal Court verdict which introduces some new doctrine, and thus somehow changes the fundamental relationship of the federal government to the States ... and individual Americans.

SHAME on the States for NOT standing up for their rights in the past. However, that's precisely WHY so many states are asserting their 10th Amendment rights NOW (see map below)the Federal Government is too bloated and is growing beyond its original mandate. Just like Obama, the Federal Government has over-reached and the States are saying not only "no," but "HELL NO!"

It may surprise you to learn that, in Federalist 81, Alexander Hamilton remarked that there is:

“not a syllable ... which directly empowers the national courts to construe the laws according to the spirit of the Constitution, or which gives them any greater latitude in this respect than may be claimed by the courts of every State.


Lastly, Non-Sequitur, as you seem to buy into the (false) notion that the Constitution is a “LIVING DOCUMENT” concept, with the power of the Supreme Court expanded to what it was truly meant to be, I submit to you that in the months and years ahead, the Constitution will devolve into what the Founding Fathers intendedfrom the mutant and bastardized Centralized government we are today, back into a republic of States that we've been all along, but simply forgot about.

That Tipping Point has arrived, where the States (one by one) are realizing of their Federal Government that

"Centralized Power corrupts absolutely."
More and more States are finally realizing that the only way to stop the Abuse and Corruption in Washington DC is to limit the Federal Government's power ... and eventually, to limit the money the Federal Government takes away from the citizens of the States.



301 posted on 02/09/2010 9:07:43 AM PST by BP2 (I think, therefore I'm a conservative)
[ Post Reply | Private Reply | To 298 | View Replies ]


To: BP2

Woo hoo!! States rights bump!!


302 posted on 02/09/2010 9:21:31 AM PST by Jim Robinson (JUST VOTE THEM OUT! teapartyexpress.org)
[ Post Reply | Private Reply | To 301 | View Replies ]

To: BP2

The South is gonna rise again, but this time they’ll be having lots of help!!

Rebellion is brewing!!

DON’T TREAD ON ME!!


303 posted on 02/09/2010 9:24:32 AM PST by Jim Robinson (JUST VOTE THEM OUT! teapartyexpress.org)
[ Post Reply | Private Reply | To 301 | View Replies ]

To: BP2

561 posted on 02/10/2010 8:46:04 AM PST by mentor2k
[ Post Reply | Private Reply | To 301 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


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