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To: EternalVigilance

The problem we have with judicial supremacy was baked into the Constitution. Someone had to answer the question of what comported with the Constitution and the Court did serve decently many times for that purpose. More evil things like chattel slavery were baked into it too. It wasn’t a consciousness raising by itself that dealt with that problem; it was a lot of civil disobedience culminating in civil war and amendments.

Something like a Bork Amendment or the ability to retention-vote the USSC members might help there. But I have to ask those who just want to flip the USSC the bird, you and what ruling army? If the USSC cannot just wish a different Constitution into being, can you either? The problem needs to be dug out from under, the hard way.


138 posted on 09/04/2015 8:54:24 PM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: HiTech RedNeck
But I have to ask those who just want to flip the USSC the bird, you and what ruling army?

The founders were quite clear that in the end, the only power that could stop usurpers is the people themselves.

"What is to be the consequence, in case the Congress shall misconstrue this part [the necessary and proper clause] of the Constitution and exercise powers not warranted by its true meaning, I answer the same as if they should misconstrue or enlarge any other power vested in them ... the success of the usurpation will depend on the executive and judiciary departments, which are to expound and give effect to the legislative acts; and in a last resort a remedy must be obtained from the people, who can by the elections of more faithful representatives, annul the acts of the usurpers."

-- James Madison, Federalist No. 44, 1788


143 posted on 09/04/2015 9:09:41 PM PDT by EternalVigilance
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