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To: yefragetuwrabrumuy
I'm not exactly sure I follow the last half of your post. I'd not doubting the obvious time you spent in developing the idea, but wonder if the judiciary is the place department to introduce state interests.

Without attempting to shortchange your idea, wouldn't a senate of the states prevent anti-10th Amendment lawyers from becoming judges in the first place? The outrageous court decisions we've had to live under began with FDR, when his popularity steamrolled the elected senate of the 1930s. State appointed senators could politically flip off presidents without fear.

31 posted on 10/27/2013 10:36:51 AM PDT by Jacquerie (An Article V amendment convention is our only hope.)
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To: Jacquerie

The senate would never agree to again become appointed, and the left would endlessly holler that it was “anti-democratic”, with most people not understanding the issue.

In fact, the left is still at it, now trying to attack the electoral college in the same way they began to attack the appointed senate, by calling it “anti-democratic”. A few blue states have even banded together with the idea that all their electoral votes would be given to the national candidate with the most total votes.

Another issue is that while we see congress engaged in anti-state activities, as well as the POTUS doing so, what is not seen is what rogue federal judges do as well.

A great example is the giving of civil rights to corporations, which was done, of all things, by a Supreme Court reporter in the time of Lincoln. After a hearing, he approached the Chief Justice of the time to ask him if the court meant to give corporations civil rights. The Chief Justice said that is what the members of the court think, so the court reporter put that out as a commentary to all federal judges, that corporations now had civil rights.

Since that time, this idea now dominates business law, and is an issue in vast amounts of litigation. But it was not passed by congress or signed by the president.

My point is that federal judges effectively create federal law just as much as does congress. They appoint Special Masters to dictate to state legislatures how much money they must appropriate for something the judge wants, usually funding of education.

They also judicially prevent states from carrying out their own laws, like the death penalty, because the federal judge doesn’t *like* it, personally.

In any event, putting the Second Court of the United States just beneath the SCOTUS would give the states something that woefully was omitted in the constitution—a pruning mechanism to cut the federal government down to size in an orderly and peaceful manner.

A perpetual pruning mechanism, so that every castle some president and congress want to build can just as easily be torn down if the states do not approve of it.


47 posted on 10/27/2013 12:33:35 PM PDT by yefragetuwrabrumuy (Welfare is the new euphemism for Eugenics.)
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