[caww]

...”the Constitution conveys no such authority to the courts”...

I’m interested can you elaborate when you can take a moment please...and thank you. I tried to find something on that but that’s constitution “reading” laws which can often be too dutch for me!

[EternalVigilance]

"[T]he 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 Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, 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."

-- Alexander Hamilton, Federalist 78, June 14, 1788

[EternalVigilance]

"I do not forget the position assumed by some that constitutional questions are to be decided by the Supreme Court, nor do I deny that such decisions must be binding in any case upon the parties to a suit as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases by all other departments of the Government. And while it is obviously possible that such decision may be erroneous in any given case, still the evil effect following it, being limited to that particular case, with the chance that it may be overruled and never become a precedent for other cases, can better be borne than could the evils of a different practice. At the same time, the candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal."

-- President Abraham Lincoln, First Inaugural Address

[EternalVigilance]

“It is a very dangerous doctrine to consider judges as the ultimate arbiters of all constitutional questions. It is one which would place us under the despotism of an oligarchy.”

- Thomas Jefferson

[EternalVigilance]

“[A]ll men are equally bound by the laws of nature, or to speak more properly, the laws of the Creator.”

— Samuel Adams

[EternalVigilance]

“Human law is law only by virtue of its accordance with right reason; and thus it is manifest that it flows from the eternal law. And in so far as it deviates from right reason it is called an unjust law; in such case it is no law at all, but rather a species of violence.”

— Thomas Aquinas, Summa theologiae, Ia-Ilae, q. xciii, art. 3, ad 2m.

[EternalVigilance]

“True law is right reason in agreement with nature; it is of universal application, unchanging and everlasting; it summons to duty by its commands, and averts from wrong-doing by its prohibitions. And it does not lay its commands or prohibitions upon good men in vain, although neither have any effect on the wicked. It is a sin to try to alter this law, nor is it allowable to attempt to repeal a part of it, and it is impossible to abolish it entirely. We cannot be freed from its obligations by Senate or People, and we need not look outside ourselves for an expounder or interpreter of it. And there will not be different laws at Rome and at Athens, or different laws now and in the future, but one eternal and unchangeable law will be valid for all nations and all times, and there will be one master and ruler, that is, God, over us all, for He is the author of this law, its promulgator, and its enforcing judge. Whoever is disobedient is fleeing from himself and denying his human nature, and by reason of this very fact he will suffer the worst penalties, even if he escapes what is commonly called punishment ...”

— Marcus Tullius Cicero, 59 - 47 B.C.

[EternalVigilance]

“Without justice being freely, fully, and impartially administered, neither our persons, nor our rights, nor our property, can be protected. And if these, or either of them, are regulated by no certain laws, and are subject to no certain principles, and are held by no certain tenure, and are redressed, when violated, by no certain remedies, society fails of all its value; and men may as well return to a state of savage and barbarous independence.”

— Joseph Story, Commentaries on the Constitution, 1833

[caww]

pinging you and couple others to what Eternal Vigilance has posted in several posts....if the Constitution does not convey such authority to the courts...then this Davis case may erupt to be far more than what imagined....I also hope Cruz is chiming in with her legal team.