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

To: PhilipFreneau
For the record, Joseph Story wrote in his Commentaries on the Constitution:

"...in measures exclusively of a political, legislative, or executive character, it is plain, that as the supreme authority, as to these questions, belongs to the legislative and executive departments, they cannot be re-examined elsewhere. Thus, congress having the power to declare war, to levy taxes, to appropriate money, to regulate intercourse and commerce with foreign nations, their mode of executing these powers can never become the subject of reexamination in any other tribunal."

"...our law is justly deemed certain, and founded in permanent principles, and not dependent upon the caprice, or will of particular judges. A more alarming doctrine could not be promulgated by any American court, than that it was at liberty to disregard all former rules and decisions, and to decide for itself, without reference to the settled course of antecedent principles."

But Story also wrote:

"And if the judicial department alone should attempt any usurpation, congress, in its legislative capacity, has full power to abrogate the injurious effects of such a decision. Practically speaking, therefore, there can be very little danger of any such usurpation or deliberate breach."

Little did Story know that the 17th Amendment would come along and strip the power over the Senate from the state legislatures, leading to all power being consolidated in Washington, and, eventually, in the Supreme Court. The situation we have now in the federal government is exactly what George Washington warned us against in his Farewell Address, as follows:

"It is important, likewise, that the habits of thinking in a free Country should inspire caution in those entrusted with its Administration, to confine themselves within their respective Constitutional Spheres; avoiding in the exercise of the Powers of one department to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create whatever the form of government, a real despotism."

And a real despositm is what we have, folks.

324 posted on 10/12/2005 9:54:05 AM PDT by PhilipFreneau ("Resist the devil, and he will flee from you." -- James 4:7)
[ Post Reply | Private Reply | To 306 | View Replies ]


To: PhilipFreneau; Noumenon; hellinahandcart; Carry_Okie; Lil'freeper; hosepipe
And a real despositm is what we have, folks.

Yep. 'Pod.

388 posted on 10/13/2005 5:59:30 AM PDT by sauropod (Polite political action is about as useful as a miniskirt in a convent -- Claire Wolfe)
[ Post Reply | Private Reply | To 324 | View Replies ]

To: PhilipFreneau
[ And a real despositm is what we have, folks. ]

And whos to blame.?.. US.!.
For failure to excute the 2nd amendment option..
You know... the reason the second amendment was given to us..
To make revolution LEGAL.. We have met the enemy and is US..
A fat and cowardly US.

396 posted on 10/13/2005 12:26:29 PM PDT by hosepipe (This Propaganda has been edited to include not a small amount of Hyperbole..)
[ Post Reply | Private Reply | To 324 | 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