Happy 4th of July 2017
6 months ago
Things that I find and strike me that others might find interesting and/or informative
“…that the ultimate right of the States, to judge whether the compact has been dangerously violated, must extend to violations by one delegated authority as well as by another–by the judiciary as well as by the executive, or the legislature.” Virginia Assembly Report 1800However, that is exactly what has happened with Chief Justice John Roberts’ opinion in King v. Burwell. It seems that the Supreme Court has forgotten that we are a Constitutional Republic–and that the Constitution is the Supreme Law of the Land, not Congress. Interestingly, all you need to know about the King v. Burwell decision is contained in the second-to-last paragraph of the majority opinion. Consider these words:
“In a democracy, the power to make the law rests with those chosen by the people. Our role is more confined—“to say what the law is.” Marbury v. Madison, 1 Cranch 137, 177 (1803). That is easier in some cases than in others. But in every case we must respect the role of the Legislature, and take care not to undo what it has done. A fair reading of legislation demands a fair understanding of the legislative plan.” (emphasis mine)
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof;…shall be the supreme Law of the Land.”When Roberts says, “But in every case we must respect the role of the Legislature, and take care not to undo what it has done,” he is asserting that whenever the Legislature makes a law, we are bound by it without question. Nothing could be further from the truth. According to the Supremacy Clause, we have an obligation to undo what Congress has done if what they are doing is not “made in pursuance” to the Constitution.
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” (emphasis mine)But what does Roberts use to justify this federal encroachment? Not a clause from the Constitution, but an opinion by the Supreme Court, Marbury v. Madison. How convenient that the Supreme Court can write opinions that declare themselves the ultimate rulers of the universe and then be allowed to credibly use those opinions to justify their emperor-like behavior! Ironically, the most important role of the Supreme Court is to make sure that the Congress acts within its Constitutional limitations. But since it is ridiculous to believe that any entity of power would act on its own to limit itself, our framers didn’t trust these federal employees with that task. They trusted the States.
“The State legislatures will…be able to resist with more effect every assumption of power than any other power on earth can do; and the greatest opponents to a federal government admit the state legislatures to be sure guardians of the people’s liberty.” House of Representatives 1789 (emphasis mine)But, when the States REFUSE to live up to their obligations and allow any branch of the federal government to expand power and limit the people and the States, they are simply declaring that they believe we are not a Constitutional Republic, but instead a Federal Kingdom built of 50 colonies subject to the whim of the feds.
“We look to the States to defend the their prerogatives by adopting the simple expedient of not yielding to federal blandishments when they do not want to embrace federal policies as their own. The States are SEPARATE AND INDEPENDENT SOVEREIGNS. Sometimes they have to act like it.” (emphasis mine)We are not a democracy. We are a Constitutional Republic, where the federal government is limited by specifically enumerated powers. It is time for the States to ACT like States, instead of cowering like colonies. It is time for the States to fulfill their obligation to be the SURE GUARDIANS OF THE PEOPLES’ LIBERTIES.