***The Final Authority in America***
Judicial Accountability Initiative Law
We need not resolve this debate, however, because we mustfollow the binding Supreme Court precedent. See Tenet v. Doe,544 U.S. 1, 10-11 (2005). And under that precedent, Executiveand Legislative responses to and consideration of petitions areentrusted to the discretion of those Branches. (Pg.9)"
Even where the plain text yields a clear interpretation, the SupremeCourt has rejected a pure textualist approach in favor of an analysisthat accords weight to the historical context and the underlying purposeof the clause at issue. (Concurring Opinion, Pg.1)"
That JNJ brought us a reference to Robert Bork who said in his 1996 book Slouching Toward Gomorrah about the need for the American people to essentially declare political independence from the unconstitutional rulings of the Supreme Court:
"There appears to be only one means by which the Federal courts, including the Supreme Court, can be brought back to constitutional legitimacy. That would be a Constitutional amendment making any federal or state court decision subject to being overruled by a majority vote of each house of Congress. The mere suggestion of such a remedy would bring down cries that this would endanger our freedoms. To the contrary, as already noted, it is the courts that are not merely endangering our freedom, but actually depriving us of them, particularly our most precious freedom, the freedom to govern ourselves democratically . . . ."
The Constitution v. Supreme Court Precedent
March 21, 2007 (p.2) http://www.law.nyu.edu/tlhc/spring07/Kramer.pdf
The Kramer lecture analyzes "popular constitutionalism" versus "legal constitutionalism" sometimes referred to as "judicial supremacy."
It stands to reason that the People (the community at large) would "control[ ] the meaning of the Constitution and [be] responsible for ensuring its proper implementation in the day-to-day process of governing" since the Constitution itself is the "consent of the governed" from which government, which includes the judiciary, derives its just powers. See JNJ 1/30/07 "The Consent of the Governed is The U.S. Constitution" http://www.jail4judges.org/JNJ_Library/2007/2007-01-30B.html.
"Constitutionalism in the Founding era" remains the same today, despite developments since then that have eroded the consent of the governed and turned constitutional authority over to the judiciary, "and, in particular, to the Supreme Court" creating the doctrine of "Judicial Supremacy."
The J.A.I.L. Initiative specifically sets forth in ¶15 Procedures ". . . The Jurors shall keep in mind, when making their determination, that they are entrusted by the People of this State with the duty of restoring judicial accountability and a perception of justice. The standard of authority by which the Jurors shall be guided in making their determinations shall not be opinions of courts, but shall be the Constitutions of [State] and of the United States and laws made in pursuance thereof. . . ."
As pointed out in The Claremont Institute Constitution Day By Ronald J. Pestritto, Ph.D Posted September 15, 2000: http://www.claremont.org/publications/precepts/id.123/precept_detail.asp, American government, which includes the judiciary, is based on the fact of "Constitutional Supremacy":
" ...[C]onstitutional government means that our governing institutions legislatures, executives and executive agencies, and courts are bound by a higher authority. These institutions can only exercise powers that are first granted to them by the Constitution. As Alexander Hamilton put it in The Federalist Papers, which were written to explain and defend the American Constitution by those who framed it, the Constitution is the "superior" authority and the government is the "inferior"; the Constitution is the "original" power and the government is the "derivative"; the Constitution is the "principal" and the government is the "deputy." This notion of limited, constitutional government means that any exercise of power not authorized by the Constitution is illegitimate." Indeed, this raises the question: Why have a Constitution at all, if opinions of the Supreme Court supersede it? Law students are taught that the law is not what the law says, but what the judges say the law says.
"Judicial Supremacy" implies that the judiciary has inherent power; but to the contrary, we know that the Judicial is one branch of government which functions with delegated power, loaned from the People (the governed), by their consent, who do have by nature inherent, sovereign power endowed by their Creator which the judiciary does not have. The judiciary in America has not been knighted with "the divine right of kings" --we have separated, and claimed our independence, from kingship rule, and have established the rule of law by the Constitution. "This theory of 'consent' is historically contrasted to the divine right of kings ..." Consent of the Governed http://www.answers.com/topic/consent-of-the-governed.
Quite ironically, the D.C. Circuit Court of Appeals, the second highest Court in this Land, has done something with the WTP lawsuit that it cannot do-- it has effectively overruled its own source of power, i.e., the consent of the governed via the Constitution, and fraudulently bestowed it upon its senior brethren, the Supreme Court, which is but a higher level of the same receptacle of delegated power via the Constitution! "Because consent is the only legitimate source of political power, government must rule according to the rule of law. In other words, government cannot simply exercise power as it wishes, but must instead exercise power according to rules and laws authorized by the consent of the people." Constitution Day (supra).
Question: Would the People have consented to "the right of the People to petition government for a redress of grievances" to mean petitioning WITHOUT obtaining a redress of grievances?
What would be the point? "Redress of grievances" is part of the Clause itself! Just who is the Supreme Court to overrule the People in determining that "Executive and Legislative responses to and consideration of petitions are entrusted to the discretion of those Branches"? Did the People consent to that disposition of their petitions FOR A REDRESS OF GRIEVANCES, the specific purpose stated in the Constitution?
Too many people have pushed the door wide open for the counterfeit power of "Judicial Supremacy" to march in, by claiming that "There is no Constitution." The Constitution has not been repealed as a matter of law. The fact that the powers-that-be don't recognize nor respect the Constitution doesn't, ipso facto, mean that it doesn't exist! It only means that America has been taken over by a power that fraudulently exercises a power that is foreign to the Constitution, i.e., a foreign power is sitting at the controls and is not legitimate in this country. It's time people quit being apologists for this foreign power and stand up for America and our Constitution! Let's especially remember that, this coming Independence Day, the Fourth of July.
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He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his assent to their acts of pretended legislation. - Declaration of Independence
"..it does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds.." - Samuel Adams
"There are a thousand hacking at the branches of evil to one who is striking at the root." -- Henry David Thoreau <><
posted by fritz at 9:32 PM
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