To: Vindiciae Contra TyrannoSCOTUS
"...the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them.... The judiciary...has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments."
Now we want to know how SCOTUS attained the ridiculous level of power it wields today. Thank you for the enlightening (and headache-inducing) read.
posted on 10/06/2003 5:47:56 PM PDT
("This is not a court of justice. This is a court of law!" - Justice Learned Hand)
THe whole point of the 17th was to allow politicians to reach around state governments and use mass media to appeal to the population. This was done under the assumption that the average person had better sensibilities for his self government. Frankly, I would agree with this were it not for the fact that information is controlled, distributed and manipulated by a relatively small number of people who control the media, and hence, the public opinion. In essence, the influence of the state governments was replaced by that of the media. There is, however, one balancing feature, and that is that much of the media is controlled by big business, and that in this fashion the intent of the founders is still, to some extent, alive in the current system. I agree though that the 17th should be trashed. Under the 17th, Senators could much more readily be recalled and replaced by their states.
As for the 13th, 14th and 15th, they should never have been necessary, as their intent was inherent in the constitution. However, they were absolutely necessary to fully implement the ideas of the founders in practice.
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson