If a world of common sense prevailed, our Constitution would make a lawmaker's job easy. But the villains fight it at every step. This is a millstone around our necks.
Yes. I've said this so many times here, we have a lot of illegal laws on our books. During the covid mess, when people here were begging for help on how to get an exemption, many were asking about religious exemptions. I kept telling them to use the Constitution instead. I even gave them the articles and paragraphs to use. Americans have forgotten (or never knew) the power of their Constitution and that's why things are in the mess they are. Thank you for bringing this up, ChiefWoody.
I'll take a stab at it, recalling small talk with my now deceased lawyer friend. Marbury is correct and stands without any asterisks. But BEFORE that; when congress passes the law, it's then put into practice until someone with standing,(standing requires being demonstrably harmed by the law) challenges it. if successful in appeal, then Marbury "nullifies" any previously taken actions per the law, and it's "un-done."
pretty good, Marbury would be the decision that established the principle of “judicial review” & with this authority the Supreme Court can determine whether laws or government actions are constitutional
a point for strong opinion, your thoughts on the Cherokee and Georgia?
my thoughts: a tragedy that the Cherokee were not respected, & eventually removed.
re: Justice Marshall & constitutionality of the national bank - James Madison also opposed the 1st bank in 1791 in Congress - important to oppose CoL / foreign influencer bankers
Yep, just gotta have someone willing and able to take the unconstitutional law, break it, and work it all the way up to the Supreme Court
Cant just use this as an excuse to ignore unconstitutional laws as a layman - you'll still face whatever unconstitutional consequences there are for it
nice post! periodically Dems try and make exceptions:
1930s pressure on the Supreme Court to accept New Deal big government programs for “the general welfare” as constitutional, and threaten to pack the S. Ct. with New Deal-favorable judges
"If justice is not done; if engagements are not fulfilled; is it upon general principles of right, less proper, in the case of a great number, than in the case of an individual, to secure, by compulsion, that, which will not be voluntarily performed? Less proper it surely cannot be. The only reason, I believe, why a free man is bound by human laws, is, that he binds himself. Upon the same principles, upon which he becomes bound by the laws, he becomes amenable to the Courts of Justice, which are formed and authorised by those laws. If one free man, an original sovereign, may do all this; why may not an aggregate of free men, a collection of original sovereigns, do this likewise?" --Justice James Wilson (with the majority)
[Document Source: Chisholm v. Georgia, 2 U.S. 419, 453–57 (1793).]
“Any single man must judge for himself whether circumstances warrant obedience or resistance to the commands of the civil magistrate; we are all qualified, entitled, and morally obliged to evaluate the conduct of our rulers. This political judgment, moreover, is not simply or primarily a right, but like self-preservation, a duty to God. As such it is a judgment that men cannot part with according to the God of Nature. It is the first and foremost of our inalienable rights without which we can preserve no other.”
~ John Locke
(1632-1704) English philosopher and political theorist
“The nature of the encroachment upon American constitution is such, as to grow every day more and more encroaching. Like a cancer; it eats faster and faster every hour. The revenue creates pensioners, and the pensioners urge for more revenue. The people grow less steady, spirited and virtuous, the seekers more numerous and more corrupt, and every day increases the circles of their dependents and expectants, until virtue, integrity, public spirit, simplicity and frugality become the objects of ridicule and scorn, and vanity, luxury, foppery, selfishness, meanness, and downright venality swallow up the whole of society.” ~ John Adams (1735-1826) Founding Father, 2nd US President
“Legal plunder can be committed in an infinite number of ways; hence, there are an infinite number of plans for organizing it: tariffs, protection, bonuses, subsidies, incentives, the progressive income tax, free education, the right to employment, the right to profit, the right to wages, the right to relief, the right to the tools of production, interest free credit, etc., etc. And it the aggregate of all these plans, in respect to what they have in common, legal plunder, that goes under the name of socialism.” ~ Frederic Bastiat (1801-1850) [Claude Frederic Bastiat] French economist, statesman, and author. He did most of his writing during the years just before -- and immediately following -- the French Revolution of February 1848 Essays, 61
“But how is this legal plunder to be identified? Quite simply. See if the law takes from some persons what belongs to them, and gives it to other persons to whom it does not belong. See if the law benefits one citizen at the expense of another by doing what the citizen himself cannot do without committing a crime.” ~ Frederic Bastiat (1801-1850) [Claude Frederic Bastiat] French economist, statesman, and author. He did most of his writing during the years just before -- and immediately following -- the French Revolution of February 1848 "The Law" by Frederic Bastiat (1848)
“It has been thought a considerable advance towards establishing the principles of Freedom, to say, that government is a compact between those who govern and those that are governed: but this cannot be true, because it is putting the effect before the cause; for as man must have existed before governments existed, there necessarily was a time when governments did not exist, and consequently there could originally exist no governors to form such a compact with. The fact therefore must be, that the individuals themselves, each in his own personal and sovereign right, entered into a compact with each other to produce a government: and this is the only mode in which governments have a right to arise, and the only principle on which they have a right to exist.” ~ Thomas Paine (1737-1809) US Founding father, pamphleteer, author
“A constitution is not the act of a government, but of a people constituting a government; and government without a constitution is power without a right. All power exercised over a nation, must have some beginning. It must be either delegated, or assumed. There are not other sources. All delegated power is trust, and all assumed power is usurpation. Time does not alter the nature and quality of either.” ~ Thomas Paine (1737-1809) US Founding father, pamphleteer, author
“Government is instituted for the common good; for the protection, safety, prosperity, and happiness of the people; and not for profit, honor, or private interest of any one man, family, or class of men; therefore, the people alone have an incontestable, unalienable, and indefeasible right to institute government; and to reform, alter, or totally change the same, when their protection, safety, prosperity, and happiness require it.” ~ John Adams (1735-1826) Founding Father, 2nd US President Thoughts on Government, 1776
“A constitution defines and limits the powers of the government it creates. It therefore follows, as a natural and also a logical result, that the governmental exercise of any power not authorized by the constitution is an assumed power, and therefore illegal.” ~ Thomas Paine (1737-1809) US Founding father, pamphleteer, author
Our guidance? We have a Constitution and a Declaration of Independence, both inspired by our Creator based upon the laws of our Creator. What more do we need?
As for how? Our founder set us up with the how. It was called the prohibition on government to infringe on any of our rights. We allowed the tyrants to eliminate our militia's, etc, but we have the ability to form them again. We have the power of being juror's, but we have allowed ignorance to erode that to almost nothing today. But we can get it back. We have the power of the Grand Jury, we have Quo Warranto's, etc.
If a world of common sense prevailed, our Constitution would make a lawmaker's job easy. But the villains fight it at every step. This is a millstone around our necks.
Yes. I've said this so many times here, we have a lot of illegal laws on our books. During the covid mess, when people here were begging for help on how to get an exemption, many were asking about religious exemptions. I kept telling them to use the Constitution instead. I even gave them the articles and paragraphs to use. Americans have forgotten (or never knew) the power of their Constitution and that's why things are in the mess they are. Thank you for bringing this up, ChiefWoody.
I'll take a stab at it, recalling small talk with my now deceased lawyer friend. Marbury is correct and stands without any asterisks. But BEFORE that; when congress passes the law, it's then put into practice until someone with standing,(standing requires being demonstrably harmed by the law) challenges it. if successful in appeal, then Marbury "nullifies" any previously taken actions per the law, and it's "un-done."
pretty good, Marbury would be the decision that established the principle of “judicial review” & with this authority the Supreme Court can determine whether laws or government actions are constitutional
It also gave all these smaller judges (Boasberg) carte blanche to block every little step a real reformer like Trump takes.
Andrew Jackson should have had John Marshall hanged when he had the chance.
a point for strong opinion, your thoughts on the Cherokee and Georgia?
my thoughts: a tragedy that the Cherokee were not respected, & eventually removed.
re: Justice Marshall & constitutionality of the national bank - James Madison also opposed the 1st bank in 1791 in Congress - important to oppose CoL / foreign influencer bankers
We conquered this land.
If the Cherokee want it, they can fight us for it.
Good luck.
a difference of thought, but yours acknowledged
some native tribes were violent, some friendly
Yep, just gotta have someone willing and able to take the unconstitutional law, break it, and work it all the way up to the Supreme Court
Cant just use this as an excuse to ignore unconstitutional laws as a layman - you'll still face whatever unconstitutional consequences there are for it
Try citing the law of the land in a maritime admiralty court...see what happens.
You're lost at sea...
nice post! periodically Dems try and make exceptions:
1930s pressure on the Supreme Court to accept New Deal big government programs for “the general welfare” as constitutional, and threaten to pack the S. Ct. with New Deal-favorable judges
Who decides that though?
"If justice is not done; if engagements are not fulfilled; is it upon general principles of right, less proper, in the case of a great number, than in the case of an individual, to secure, by compulsion, that, which will not be voluntarily performed? Less proper it surely cannot be. The only reason, I believe, why a free man is bound by human laws, is, that he binds himself. Upon the same principles, upon which he becomes bound by the laws, he becomes amenable to the Courts of Justice, which are formed and authorised by those laws. If one free man, an original sovereign, may do all this; why may not an aggregate of free men, a collection of original sovereigns, do this likewise?" --Justice James Wilson (with the majority)
[Document Source: Chisholm v. Georgia, 2 U.S. 419, 453–57 (1793).]
“Any single man must judge for himself whether circumstances warrant obedience or resistance to the commands of the civil magistrate; we are all qualified, entitled, and morally obliged to evaluate the conduct of our rulers. This political judgment, moreover, is not simply or primarily a right, but like self-preservation, a duty to God. As such it is a judgment that men cannot part with according to the God of Nature. It is the first and foremost of our inalienable rights without which we can preserve no other.” ~ John Locke (1632-1704) English philosopher and political theorist
Like every single gun regulation?
How many laws, at the Federal and lower levels are unconstitutional? Are they even countable?
Unfortunately our current world everything that is upside down & backwards makes sense.
😱🇺🇸
https://caselaw.findlaw.com/court/us-supreme-court/5/137.html
MARBURY v. MADISON 5 U.S. 137 (1803) United States Supreme Court MARBURY v. MADISON (1803) Decided: February 01, 1803
“The nature of the encroachment upon American constitution is such, as to grow every day more and more encroaching. Like a cancer; it eats faster and faster every hour. The revenue creates pensioners, and the pensioners urge for more revenue. The people grow less steady, spirited and virtuous, the seekers more numerous and more corrupt, and every day increases the circles of their dependents and expectants, until virtue, integrity, public spirit, simplicity and frugality become the objects of ridicule and scorn, and vanity, luxury, foppery, selfishness, meanness, and downright venality swallow up the whole of society.” ~ John Adams (1735-1826) Founding Father, 2nd US President
“Legal plunder can be committed in an infinite number of ways; hence, there are an infinite number of plans for organizing it: tariffs, protection, bonuses, subsidies, incentives, the progressive income tax, free education, the right to employment, the right to profit, the right to wages, the right to relief, the right to the tools of production, interest free credit, etc., etc. And it the aggregate of all these plans, in respect to what they have in common, legal plunder, that goes under the name of socialism.” ~ Frederic Bastiat (1801-1850) [Claude Frederic Bastiat] French economist, statesman, and author. He did most of his writing during the years just before -- and immediately following -- the French Revolution of February 1848 Essays, 61
“But how is this legal plunder to be identified? Quite simply. See if the law takes from some persons what belongs to them, and gives it to other persons to whom it does not belong. See if the law benefits one citizen at the expense of another by doing what the citizen himself cannot do without committing a crime.” ~ Frederic Bastiat (1801-1850) [Claude Frederic Bastiat] French economist, statesman, and author. He did most of his writing during the years just before -- and immediately following -- the French Revolution of February 1848 "The Law" by Frederic Bastiat (1848)
“It has been thought a considerable advance towards establishing the principles of Freedom, to say, that government is a compact between those who govern and those that are governed: but this cannot be true, because it is putting the effect before the cause; for as man must have existed before governments existed, there necessarily was a time when governments did not exist, and consequently there could originally exist no governors to form such a compact with. The fact therefore must be, that the individuals themselves, each in his own personal and sovereign right, entered into a compact with each other to produce a government: and this is the only mode in which governments have a right to arise, and the only principle on which they have a right to exist.” ~ Thomas Paine (1737-1809) US Founding father, pamphleteer, author
“A constitution is not the act of a government, but of a people constituting a government; and government without a constitution is power without a right. All power exercised over a nation, must have some beginning. It must be either delegated, or assumed. There are not other sources. All delegated power is trust, and all assumed power is usurpation. Time does not alter the nature and quality of either.” ~ Thomas Paine (1737-1809) US Founding father, pamphleteer, author
“Government is instituted for the common good; for the protection, safety, prosperity, and happiness of the people; and not for profit, honor, or private interest of any one man, family, or class of men; therefore, the people alone have an incontestable, unalienable, and indefeasible right to institute government; and to reform, alter, or totally change the same, when their protection, safety, prosperity, and happiness require it.” ~ John Adams (1735-1826) Founding Father, 2nd US President Thoughts on Government, 1776
“A constitution defines and limits the powers of the government it creates. It therefore follows, as a natural and also a logical result, that the governmental exercise of any power not authorized by the constitution is an assumed power, and therefore illegal.” ~ Thomas Paine (1737-1809) US Founding father, pamphleteer, author
Our guidance? We have a Constitution and a Declaration of Independence, both inspired by our Creator based upon the laws of our Creator. What more do we need?
As for how? Our founder set us up with the how. It was called the prohibition on government to infringe on any of our rights. We allowed the tyrants to eliminate our militia's, etc, but we have the ability to form them again. We have the power of being juror's, but we have allowed ignorance to erode that to almost nothing today. But we can get it back. We have the power of the Grand Jury, we have Quo Warranto's, etc.