Thursday, February 09, 2006
CONSTITUTIONAL "LITMUS TEST" FOR JUDICIAL NOMINEES
As the Founding Fathers' legal mentor William Blackstone made clear, "whenever a question arises between the society at large and any magistrate vested with powers originally delegated by that society, it must be decided by the voice of the society itself: there is not upon earth any other tribunal to resort to". Commentaries on the Laws of England (American ed., 1771-1773), Volume 1, at 212. If the Justices do not know this, they are simply incompetent to hold their offices. If they do know it, in claiming "judicial supremacy" they are usurping power in defiance of their “Oath or Affirmation, to support this Constitution" (Article VI, Clause 3), and are disqualified from office on that account.
The cowardice and complicity of politicians in Congress is not the only explanation for this sorry state of affairs. Arguably even more responsible are the tens of millions of Americans who refuse to recognize that their own freedom requires self-government, and that self-government requires them to take the reins of government into their own hands. Either they will rule themselves, or someone else will rule them, and in a way they will find most disagreeable. Worse yet, time is running out. Americans had better act quickly, because the "democratic centralism" of "judicial supremacy" is proving itself an increasingly defective, dangerous, and even demented mechanism.
... their rulings will be "based directly on violence", because violence--of police, prosecutors, and prisons--rather than the power of their reasoning will enforce them.
Perhaps the most insidious aspect of all this is how the reality of judicial dictatorship hides behind a facade of "constitutional law", the charade of "legal procedure", and all the deceitful mumbo jumbo of "lawful authority", "legal ethics", and so on. The facade, charade, and mumbo jumbo are so thin, though, that it passes understanding why so few Americans express disapproval, let alone dismay and disgust.
--Dr. Edwin Vieira, Jr., Ph.D., J.D.
February 9, 2006 [NewsWithViews]