Posted on 01/03/2014 4:49:02 PM PST by Kaslin
Is this case it's just MORE PONTIFICATING followed by the sound of crickets.
Bingo. Obamacare will remain. It has strengthened the Left’s death grip on government.
If the Supremes had thrown Obamacare out, it would have emasculated the Asshat in Chief. The DemocRats would not have been able to shove another illegal house vote through with the extra scrutiny.
The one who was trapped, I fear, was Justice Roberts. Trapped by something that the Rats dirty tricks committee had on him.
What sheer cunning on Roberts’ part. Heaven forbid he just uphold the Constitution when he can create such a mastermind political ploy. Muwahahahahahah....
Of course they can decide something contraconstitutional -- the high court may certainly be in rebellion against the Constitution.
No, it is not.
It was created outside of the Constitution by Justice Marshall.
No it wasn't. Marbury vs. Madison explicitly asserts absolute Constitutional supremacy over all departments, not judicial supremacy.
Go read it again.
Here's the summation:
"Thus, the particular phraseology of the constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the constitution is void; and that courts, as well as other departments, are bound by that instrument."
Who says you can't do both?
Of course you can, and must, when their opinions are clearly unconstitutional, or if they violate the laws of nature and of nature's God.
The great men of Western Civilization have made this absolutely clear, from Cicero, to Aquinas, to Blackstone, to Hamilton.
If you don't, then we no longer live in a free republic, an "empire of laws, not men," instead, we have become a judicial oligarchy, in other words, a dictatorship based not on the rule of law, but on the arbitrary whims of a small class of privileged, powerful men.
"Thus, the particular phraseology of the constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the constitution is void; and that courts, as well as other departments, are bound by that instrument."
Thanks for pointing that out — I think Maybury v. Madison gets a bad rap because of internet-hype; seriously the whole last third is excellent.
Difficult as it might be given the apparent injustice, has it occurred to you that perhaps it was the right decision? Sometimes the best thing to do when faced with corruption or injustice is to simply walk away as the best choice among bad choices.
Thank you.
The court may have perfumed it, but it was still a power grab. One that we continue to suffer for.
“... to consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps. Their maxim is “boni judicis est ampliare jurisdictionem,” and their power the more dangerous as they are in office for life, and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves. If the legislature fails to pass laws for a census, for paying the judges and other officers of government, for establishing a militia, for naturalization as prescribed by the Constitution, or if they fail to meet in congress, the judges cannot issue their mandamus to them ; if the President fails to supply the place of a judge, to appoint other civil or military officers, to issue requisite commissions, the judges cannot force him. They can issue their mandamus or distringas to no executive or legislative officer to enforce the fulfilment of their official duties, any more than the President or legislature may issue orders to the judges or their officers. Betrayed by English example, and unaware, as it should seem, of the control of our Constitution in this particular, they have at times overstepped their limit by undertaking to command executive officers in the discharge of their executive duties ; but the Constitution, in keeping three departments distinct and independent, restrains the authority of the judges to judiciary organs, as it does the executive and legislative to executive and legislative organs. The judges certainly have more frequent occasion to act on constitutional questions, because the laws of meum and tuum and of criminal action, forming the great mass of the system of law, constitute their particular department. When the legislative or executive functionaries act unconstitutionally, they are responsible to the people in their elective capacity. The exemption of the judges from that is quite dangerous enough. I know no safe depository of the ultimate powers of the society but the people themselves ; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education. This is the true corrective of abuses of constitutional power.”
— Thomas Jefferson, letter to William Charles Jarvis
I suppose my passive partners thought that it was the right decision to walk away, subjecting their families and children to trauma. I wanted to fight, as it is still possible to fight, thank God, in this corrupt system. I failed myself and them, I think.
yes..bunch of bs.
I swear no one bothers to actually read the text of the opinion. It is in fact an extensive, detailed assertion of the supremacy of the Constitution of the United States, the responsibility of every sworn officer of government, in every branch, to follow it, and the duty of the officers of the other branches to oppose the officers of other branches who violate it.
Mr. Dunne is a wishful thinker. A romantic. O’Care was a brutal destruction of the American Health Insurance System. It is the most evil thing ever perpetrated upon our republic. We are in a war for survival. You don’t win a war by allowing the enemy to win. You win by destroying them every chance you get. This was a great chance. Lost forever. O’Care will fail but our health insurance system is destroyed and it will not come back. Our health care system is destroyed also they just don’t known it yet. Further the loss of trust in our institutions is irreversible for generations. No Mr. Dunne, it was not a master stroke, it was cowardice pure and simple. Cowardice in the face of the enemy.
Fact is, Roberts acted in an un-constitutional way when he re-wrote the legislation (which the USSC is not permitted to do under the Constitution) and called it a tax.
Roberts was too pre-occupied with "what will the public think?" and the "image" of the court, rather than doing his Constitutional duty.
I hope Justice Roberts burns in hell one day for what he did to this country.
ANYONE who thinks Roberts "put it back on the people" to vote out those who voted for Obamacare is kidding themselves.
ANYONE who thinks the Stupid Party (Republicans) really want to unddo Obamacare is kidding themselves. They'd much rather have it as a weapon to beat up Democrats with than actually repealing it.
We are STUCK with Obamacare (and eventually, single-payer Government Run medicine) thanks to Justice John Roberts.
I hope to live long enough to be able to piss on his grave when he's dead and buried.
“There is, I am confident, more to it than this.”
Well of course there was more to it than just a case of Robert’s writing the majority opinion on this “law”...
Funny thing, because I go back and recall that the question before the Supreme Court was NOT about the Constitutionality of the Affordable Care Act, the question before the court was “Is is a Tax?” and that was what the clever disguise was...Not in the desire to establish the Constitutionality but to affirm that this law is actually a Tax first and foremost...
We knew the 4 liberal associate justices would side on the administrations side of the deal based on the nominations to the court before the case was taken on...Was a big deal made enough to get at least one of them to recuse herself from this case because of her association with the constructions of the Act bafore it was filed, and her nomination to the court blessed by the Senate???
Of course not...
So that leaves us with what I believed was the design all along and I stated as such back when this was being considered by the Supreme Court...
The Courts opinion was a signal, albiet a subtle one that should have given the republicans and a enough democrats enough wiggle room to remove this “tax” from the revenue generators/collectors to successfully kill the law and its funding mechanism...But they failed...Miserably...The Congress was given a gift by the Supremes to do that very thing and they blew it...
So what we are left with now is a damaged economy, an Act that is certainly, fundamentally changing the face of America as we speak, which is what Obama telegraphed to us wayyyyyyy before he was elected, and yet here we are... Weaker for our elected officials ineptness and corruptability in the face of clear ways to prevent the very situation we are in now...
A pizzed off electorate, with almost a year till we get to pull the plunger on as many of these shmups as we can in November...But in reality, I still do not believe there are enough people out there pizzed off to remember ANY of this before election day, much less each states primaries coming up soon...
Because we all know, our elected officials are the best ones up there and its always the other states idiots up there screwing things up, right??? /sarc
That sound you here is me still breathing, because I am not going to waste my time holding my breath anymore waiting on others in other states to take out their trash...Yeah, we have plenty to clean up in Texas...And some people are slowly wising up and taking notes...Hopefully that will be enough...But again, I am not holding my breath...
We always here in recent election cycles how critical the next election is...
I’m not playing that game anymore...It is beyond critical, the time to act is past, we have major corrective surgery to do, and until we get the right players in the operating room...The buzzer will be sounding loud and clear everytime you try to perform the operation yourself...
You can thank the media, and your politicians for that because they are more concerned about justifying their existance than saving this country...
Cause until YOU can admit that YOU were fooled, or, YOU were wrong...This country will continue its downward spiral right into oblivion, and that crash into the sea will not even be covered by the media, because no one will care enough to watch it...
I’ve already admitted it, and my only reward will be that I might possibly die in a country that still values personal freedom and liberties and haas the courage to fight off those that want to destroy those values...Nothing more matters...
Lets see how much courage there is left out there...I don’t believe there is much left...
Last I heard he was feeding his hogs...
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