Posted on 04/11/2017 1:52:35 PM PDT by knarf
Yes, xe is.
1) widespread, almost unanimous thinking, that SCOTUS decisions make national law and
2) the almost unbroken chain of unconstitutional SCOTUS decisions since around 1900 because SCOTUS has long since departed from a fair reading of the Constitution as the basis for their decisions.
The basis for a SCOTUS decision being limited to the parties of the case is the Constitution itself:
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State;10 —between Citizens of different States, —between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. In all Cases...
U.S. Constitution, Article III Section 2-3.
It is well known that parties to a civil case are a plaintiff and a defendant and the ruling applies only to those parties and any other parties in a case with the same question of law and fact. So, the ruling is limited to those individuals who are parties to the case. NOWHERE does the Constitution give SCOTUS authority beyond individual cases and controversies. NOWHERE does the Constitution give the judicial branch legislative power (power to make national law).
The ONLY branch the Constitution authorizes to make national law is the legislative branch: Congress.
All legislative Powers herein granted shall be vested in a Congress of the United States... (Id. Art. I, Sec 1).
That leaves SCOTUS out of making national law. So all of these SCOTUS decisions having to do with prayer in schools or abortion or anything else ONLY applies to those parties in the case and any other parties in a case with the same question of law and fact. That is our first big problem with SCOTUS.
The second problem is whether the decision is constitutional but again, the damage of an unconstitutional decision is limited to the parties of the case. That forces the politicians in Congress who are regularly up for re-election to either put up or shut up. But if everybody thinks a SOCTUS decision is national law made by unelected Justices for life, why should these politicians in Congress put their political careers on the line. Just let SCOTUS do it.
THAT is how we've arrived at no prayer in schools, no Bibles in schools, state abortion laws being overturned and all the rest. ALL of these things are unconstitutional decisions and NONE of these unconstitutional decisions constitutionally made national law.
Remember, the ONLY legitimate power of a federal branch are those powers enumerated and delegated by the Constitution (Amendments 9 & 10). If it's not in the Constitution, it s not a power of a federal branch.
You can read more on my website https://sonsofconstitutionalliberty.com/. (I still have more to put in the website.)
Beyond all of that, I don’t know of any Christian, pro-American law firm that actually fights under those principles I’ve laid out. If you find a good one, maybe they will help you. There’s more to be said about all of this, but this is a start.
Lemme know if you need more ammo about both the unconstitutionality of SCOTUS making national law and the constitutionality of SCOTUS ruling against prayer in schools.
I really can’t get enough—maybe this should be posted every day!
And McCain’s her boyfriend!
I can’t believe it, I actually agree with Ginsburg on something!
TG
thank YOU !
You’re welcome. Hope it helps.
There’s more to be said about all of this which I have & will put into my website https://sonsofconstitutionalliberty.com/ and specifically the “Understand Your Constitution” section.
When I hear of controversies like yours it make my blood boil and makes me wish I were a lawyer that could step in and fight for you against these slimes. (I have a Juris Doctorate degree from law school but I am not a lawyer (never passed the bar). It seems the direction I’ve gone instead is getting out information and knowledge about freedom and the Constitution to as many as I can.)
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