Additionally this one surprises me. The usual action of liberals regarding veterans is to spit on them and add them to their own terrorist watch lists. They hate the military.
This is a blog about issues regarding the United States Constitution and Political Philosophy. You could also call it a Quixotic Quest to get the government and the People of the United States to actually follow the Constitution
Wednesday, September 7, 2022
Typically Liberal
Additionally this one surprises me. The usual action of liberals regarding veterans is to spit on them and add them to their own terrorist watch lists. They hate the military.
Saturday, September 3, 2022
Biden’s Speech on Democracy, 9/1/22
Occasionally I do this thing where I review presidential speeches and debates according to the Constitution. I mark the unconstitutional parts, the parts that no president should ever be involved with, in red along with a note showing which part of the Constitution it violates. I then do a word count of the constitutional versus the unconstitutional and come up with a percentage overall. More often than not it’s a violation of the 10th Amendment that I’m commenting on. Frequently it’s Article One, Section Eight. Sometimes the 2nd or 1st Amendment. Regardless the idea is to be as objective in measurement as possible.
For anybody who wants to Make America Great Again, as I do, and anybody who is an honest constitutional conservative, I very highly recommend you do this. Learn the Constitution. It’s not hard. Then go through the speeches of any politician in office or running. Highlight things that are not constitutional in red. You’d be both surprised and enlightened. I guarantee that.
In reviewing the speech Biden made on September 1, 2022, I was somewhat astonished to give it a rating of 60% Constitutional. That’s very high according to the standards of today’s politicians regardless of party. I’ve seen Donald Trump score much less. A rating this high is unheard of given the content of the speeches of anybody in the Demoncrap… sorry… Democrat Party.
On closer examination I had to realize that a large volume of the ideas represented by the words of this speech were composed of ambiguous and patriotic sounding fluff. You know what I’m talking about. It’s stuff that could mean anything according to the perspective of the person listening to it.
This ambiguous fluff was also intertwined with things that are both overt and covert lies. I honestly don’t know how anybody with a human conscience could give a speech like this and look at himself in the mirror, let alone face anybody in public ever again.
Setting that completely aside there is one thing I notice that should stand out to anybody who is a constitutionalist. The word “democracy” appears in the speech thirty-one times. Often twice in a paragraph.
For those who don’t know it already, Article Four, Section Four of the United States Constitution says, “The United States shall guarantee to every State in this Union a Republican Form of Government….” The United States is not a democracy. It is a republic. “Yes, yes, yes,” some of you are going to say, “but a republic is a kind of democracy.”
Well, I suppose if you are thoroughly indoctrinated by the most liberal of Political Scientists ever spawned in the mind of Satin they might seem to be the same thing to you. But they aren’t. People get confused about this because in a democracy everybody votes. Well, in a republic people vote too, so, same thing. That’s like saying “People vote in Taiwan. People vote in the United States. Therefore Taiwan and the United States are the same country.” Or try this one, “Planets are round. Most fruit is round. Therefore planets are fruit.”
Aside from the logical arguments are the various statements of the various Founding Fathers as to why they avoided using the word “democracy” in any of the founding documents. I’ll leave that to the reader to independently look up.
Which leads us back to the speech from the pre… presid… p… pres….
I can’t say it. I’ll try again.
Which leads us back to Joe Biden’s hate filled, lying, misinformed, uneducated and divisive speech from the other night. I wish I could put a soundtrack to this blog post. If I could it would sound like “The Imperial March.”
There are a lot of comments to object to. As tempted as I was to comment on every single one of them I just couldn’t do it. Mark Twain’s quote became most prevalent in my thoughts. “Never argue with stupid people. They will drag you down to their level and beat you with experience.”
I know when I’m being sold something. And I also, perceptive as I am, know when something is being falsely hammered into my head.
If you repeat a lie often enough it becomes the truth. This is axiomatic in propaganda. Fortunately for those of us who are truly freedom loving speakers of truth it works both ways. The way to fight it is to repeat the truth more often than the lies.
The only reason to repeat words over and over and over again is to forcefully drive it into your skull.
So, from the Dimwit in Chief’s speech, every time he said the word democracy:
1) “These two documents and the ideas they embody -- equality and democracy -- are the rock upon which this nation is built.”
2) “But as I stand here tonight, equality and democracy are under assault. We do ourselves no favor to pretend otherwise.”
3) “They refuse to accept the results of a free election. And they’re working right now, as I speak, in state after state to give power to decide elections in America to partisans and cronies, empowering election deniers to undermine democracy itself.”
4) “They look at the mob that stormed the United States Capitol on January 6th -- brutally attacking law enforcement -- not as insurrectionists who placed a dagger to the throat of our democracy, but they look at them as patriots.”
5) “That’s why respected conservatives, like Federal Circuit Court Judge Michael Luttig, has called Trump and the extreme MAGA Republicans, quote, a ‘clear and present danger’ to our democracy.”
6, 7) “But while the threat to American democracy is real, I want to say as clearly as we can: We are not powerless in the face of these threats. We are not bystanders in this ongoing attack on democracy.”
8) “And, folks, it is within our power, it’s in our hands -- yours and mine -- to stop the assault on American democracy.”
9) “We are still, at our core, a democracy.”
10) “And yet history tells us that blind loyalty to a single leader and a willingness to engage in political violence is fatal to democracy.”
11) “For a long time, we’ve told ourselves that American democracy is guaranteed, but it’s not.”
12) “That’s why tonight I’m asking our nation to come together, unite behind the single purpose of defending our democracy regardless of your ideology.”
13, 14) “Democrats, independents, mainstream Republicans: We must be stronger, more determined, and more committed to saving American democracy than MAGA Republicans are to -- to destroying American democracy.”
15) “We’re a big, complicated country. But democracy endures only if we, the people, respect the guardrails of the republic. Only if we, the people, accept the results of free and fair elections. Only if we, the people, see politics not as total war but mediation of our differences.”
16) “Democracy cannot survive when one side believes there are only two outcomes to an election: either they win or they were cheated.”
17) “American democracy only works only if we choose to respect the rule of law and the institutions that were set up in this chamber behind me, only if we respect our legitimate political differences.”
18) “Look, as your president, I will defend our democracy with every fiber of my being, and I’m asking every American to join me.”
19, 20, 21) That all deserve justice and a shot at lives of prosperity and consequence. And that democracy -- democracy must be defended, for democracy makes all these things possible. Folks, and it’s up to us.”
22, 23) “Democracy begins and will be preserved in we, the people’s, habits of heart, in our character: optimism that is tested yet endures, courage that digs deep when we need it, empathy that fuels democracy, the willingness to see each other not as enemies but as fellow Americans.”
24) “Look, our democracy is imperfect. It always has been.”
25) “Notwithstanding those folks you hear on the other side there. They’re entitled to be outrageous. This is a democracy. But history and common sense -- good manners is nothing they’ve ever suffered from.”
26) “But history and common sense tell us that opportunity, liberty, and justice for all are most likely to come to pass in a democracy.”
27) “And this work is the work of democracy -- the work of this generation. It is the work of our time, for all time.”
28) “And if we all do our duty -- if we do our duty in 2022 and beyond, then ages still to come will say we -- all of us here -- we kept the faith. We preserved democracy. We heeded our wor- -- we -- we heeded not our worst instincts but our better angels. And we proved that, for all its imperfections, America is still the beacon to the world, an ideal to be realized, a promise to be kept.”
29) “There is nothing more important, nothing more sacred, nothing more American. That’s our soul. That’s who we truly are. And that’s who must -- we must always be. And I have no doubt -- none -- that this is who we will be and that we’ll come together as a nation. That we’ll secure our democracy. That for the next 200 years, we’ll have what we had the past 200 years: the greatest nation on the face of the Earth.”
30, 31) “And may God protect our nation. And may God protect all those who stand watch over our democracy. God bless you all. (Applause.) Democracy. Thank you.”
That’s thirty-one times in less than a half an hour. Only once did he, as the Constitution does, call the United States a republic. Only three times in the whole speech did he mention the Constitution at all. And in none of those times did he actually cite something specific from it. It’s as if the Constitution, rather than a specific set of laws, is some sweeping generality for things he thinks of and anything he thinks is in fact constitutional.
So here is what he says and what the thrust of his entire speech was. “And here, in my view, is what is true: MAGA Republicans do not respect the Constitution. They do not believe in the rule of law. They do not recognize the will of the people.”
My question, other fluff and obvious lies notwithstanding, is to ask who is it who actually doesn’t respect the Constitution and the rule of law? Especially when he can’t even properly identify what form of government he is serving under? Or directly cite the document with any specificity at all?
My point is that if the Dolt in Chief can’t even get that
right, what business does he have in the White House?
And if you are one of those people who think a republic and democracy are the same thing, yet still somehow call yourself a MAGA, ask yourself why it is that Biden, and the rest of everybody out there, keeps chanting the word "democracy" over and over and over and over and over and over and over and over and over...as if you should have no chance if you believe otherwise.
Saturday, August 27, 2022
Astronomical Debt: What is Constitutional?
One of the children of one of the friends of my family is a really smart guy. If my memory serves me correctly according to his Facebook posts he’s currently going for a PhD in astrophysics. Those of you who regularly read my posts know that I’m kind of a hard core guy when it comes to the Constitution. I think rather than any big government scheme to restrict the voters, like term limits for example, what we should do is create and enforce a system of punishment for people who are sworn to it, who violate it, or vote in favor of bills that violate it. Depending on the seriousness of the infraction it would be basically three levels of charges. There would be contempt of the Constitution for the more mundane violations. Perjury would be for the more serious ones, basically emphasizing that they are in violation of their oaths. And treason when it reaches the level of aiding the country’s enemies or endangering the United States.
This kid (I shouldn’t probably call him a kid, he’s an adult now but I’m getting older so I’ve earned the right) said that he would rather have the big government do term limits because, “who’s to decide what’s Constitutional?” I, being a rather fervent student of the Constitution, was rather seriously taken aback by this comment. “What’s constitutional? Who’s to decide what’s Constitutional? Duh! It’s right there written into the freaking Constitution! It’s already been decided! You’re going for a PhD in astrophysics and can’t take the hour or two to see for yourself what is constitutional?”
I dressed him down pretty hard and have some regret for doing so, on one hand, on the other hand, liberals, you know.
Anyhow one of my favorite hobbies is astronomy. Yep. Old guy with a telescope outside all night staring into space. That’s me. It gives you a lot of time to think.
One night I was out there looking at the Moon and wondered, “If we convert the national debt of the United States to one dollar bills I wonder how high it would stack.” So I went to it.
The average dollar bill is five thousandths of an inch thick. That’s 200 per inch. 12 inches per foot. 5280 feet to the mile. 238,855 miles average distance to the Moon. 30 trillion dollars in national debt. One stack of one dollar bills to the Moon is conveniently rounded to about three trillion dollars. So that’s ten stacks of one dollar bills that pile all of the way up to the Moon! Ten stacks!(Side note here: Two presidents account for about 16 trillion dollars of that. Two presidents have racked up more national debt than all of the others combined. They account for five whole stacks of bills all of the way to the Moon, just between them. Those two presidents are Trump and Obama.)
I was quite shocked by this! Ten stacks of bills all of the way to the Moon! Wow! So I mentioned it to some of the people where I work at my day job. One of these guys has somewhat of a reputation as a wise guy. He suggested I should see how they stack up when recalculated into pennies. One of the other guys suggested that it might even reach some of the planets. Well, being into astronomy I found that quite hard to believe but what the hell? Might be fun. I’m thinking maybe half of the way to Mars or something like that. Planets are really pretty far out there in Earth based terms.
So, a penny is .0598 inches thick. Good. That’s 16.722 pennies per inch. A bit more than two hundred pennies per foot. 1,059,532 pennies to the mile. Miles to the Moon is 238,855, so it would take 253,074,461,538 pennies to make a stack all of the way to the moon. The national debt at the time (8/26/22) was 30,738,317,800,000. Multiply that times a hundred to convert dollars to pennies and we get a national debt of 3,073,831,780,000,000. Okay. What’s the number for that many decimal places? Okay…got it. Quadrillion. More than three quadrillion pennies in the national debt. So given that the pennies are significantly thicker than dollars, and that there are a hundred times more of them, it comes to 12,146 stacks of pennies all of the way to the Moon.
See, at this point I was still thinking Mars, so I calculated that out. It’s pretty easy to not understand just how big of a number three quadrillion is. Average distance to Mars is 140 million miles. The United States national debt would stack all of the way to Mars, in pennies, almost twenty-one times!
How about Jupiter? It certainly wouldn’t reach that far! No effing way man! What’s that quadrillion number again? Average distance to Jupiter? 444 million miles. Divide that out and we get…wait for it… 6.534 times. So the national debt, six and a half stacks of pennies all of the way to Jupiter.
Average distance to Neptune 2.703 billion miles. In one stack our national debt, in pennies, is 2,901,122,174. National debt to Neptune 1.07 times.
Yes! It made it! (I was feeling a bit delirious by this time. You see, I drank a shot for every planet I passed along the way, just to calm my nerves.) The United States national debt in pennies stacks all of the way to the average distance to Neptune with 198 million miles to spare! The change left over from this transaction exceeds the average distance to Mars!
Hmmm…this creates a problem. It’s more than I can fit in my penny jar. I’ll have to get a bigger jar.
How big would that jar have to be, assuming I stack the pennies very neatly? I’ll spare you the math. If we hollowed out the Moon it would fill about one third of it.So the national debt is growing. I tracked it for a while and it came to a million dollars every forty seconds. If we were stacking pennies to keep up with it we would have to stack them at a rate of about 508 miles per hour. Good! At least we wouldn’t have to go any faster than the average cruse speed of a commercial jet to keep up with it. That makes it easier. At least we don’t need a rocket.
What’s that you say? The Constitution? What does this have to do with any of that? Ha! Thought I’d deviated from the subject did you?
Well my dear and loyal reader, here’s what it has to do with the Constitution.
Article One, Section Eight is one fairly long sentence. It includes a list that outlines all of the things that Congress is allowed to spend money on. I’m going to abbreviate it a bit here to emphasize the relevant parts.
First we have this clause; “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States;”
Then we have a list of things they are allowed to do, relevant to the preceding clause:
1) To borrow money on the credit of the United States;
2) To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
3, 4) To establish an
uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies
throughout the United States;
5, 6) To coin Money,
regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights
and Measures;
7) To provide for the
Punishment of counterfeiting the Securities and current Coin of the United
States;
8) To establish Post
Offices and Post Roads;
9) To promote the
Progress of Science and useful Arts, by securing for limited Times to Authors
and Inventors the exclusive Right to their respective Writings and Discoveries;
10) To constitute
Tribunals inferior to the supreme Court;
11) To define and
punish Piracies and Felonies committed on the high Seas, and Offenses against
the Law of Nations;
12, 13, 14) To declare
War, grant Letters of Marque and Reprisal, and make Rules concerning Captures
on Land and Water;
15) To raise and
support Armies, but no Appropriation of Money to that Use shall be for a longer
Term than two Years;
16) To provide and
maintain a Navy;
17) To make Rules for
the Government and Regulation of the land and naval Forces;
18) To provide for
calling forth the Militia to execute the Laws of the Union, suppress Insurrections
and repel Invasions;
19) To provide for
organizing, arming, and disciplining the Militia, and for governing such Part
of them as may be employed in the Service of the United States, reserving to
the States respectively, the Appointment of the Officers, and the Authority of
training the Militia according to the discipline prescribed by Congress;
20, 21) To exercise
exclusive Legislation in all Cases whatsoever, over such District (not exceeding
ten Miles square) as may, by Cession of particular States, and the acceptance of
Congress, become the Seat of the Government of the United States, and to
exercise like Authority over all Places purchased by the Consent of the
Legislature of the State in which the Same shall be, for the Erection of Forts,
Magazines, Arsenals, dock-Yards, and other needful Buildings;
They are allowed to do twenty-two things and spend our money on them. They are allowed to do nothing else.
Those twenty-two things ARE what is constitutional for the federal government. Everything else is up to the States. Anything not listed among them that the federal government is doing is unconstitutional for them to do.
This is not an interpretation. It is what the Constitution literally says. Anybody sworn to uphold the Constitution who is doing anything other than the above is in violation of it and their oaths.
The current (2022) federal budget is six trillion dollars per year.
That’s two stacks of bills all of the way to the Moon that the federal government is sucking out of the economy. In pennies that would still be enough to stack clear out to Jupiter!
Every! Effing! Year! If you ever wonder why you don't seem to have enough money then right there it is.
Do you want to pay off the national debt? Is it ridiculous for the federal government to suck enough money out of our pockets that we could stack it to any celestial body, near or far?
Well, my friends, I very obviously think so. If you agree with me, or if you are just curious about it, then I kindly invite you to go through the budget with a highlighter and mark off the things that are not mentioned in the twenty-two powers listed above.
It would be enlightening to discover just how easy it would be to bring the national debt down to a more Earthly level.
All we have to do is follow the Constitution.
Sunday, August 21, 2022
Brett for President...again
Sunday, August 14, 2022
Why the Supreme Court is Dangerous, Part 4: You Haven’t a Prayer!
Here in the fourth entry of my Supreme Court series, after making several seemingly minor points, we begin to come to the major point of it all.
Once adopted this fixed idea is not looked at again but we still evaluate current events from it. It doesn’t matter if the fixed idea is right or wrong. What matters is that we’ve ceased to question it. More than that what matters is that we pass it along to the next generation who adopts it and passes it to the next. A firmly entrenched fixed idea is a very difficult thing to overcome, as anybody who has ever had a conversation with someone on the other side of the political isle could attest. Only when someone looks at the original premise and understands why it is right or wrong, moving forward through every conclusion made as a result of it, is a person able to overcome this fixed idea.
So to this end the timeline is as follows:
1) Texas v. White (1868). The Supreme Court, faced with the possibility of the destruction of the entire country, not to mention the possibility of their own safety being compromised and the conflicts of interest, made a ruling based not on the text of the Constitution, but based on two words of the document—The Articles of Confederation—which preceded it. The ruling itself is a different subject. What’s important to this timeline is the understanding that they went outside of the Constitution to justify a ruling that the Constitution didn’t support, and then called it constitutional. There is nothing in the Constitution that authorizes this, even if it is The Articles of Confederation. It establishes a precedent, a fixed idea, that the Supreme Court can take quotes of people outside the Constitution and use it to justify their rulings.
2) Reynolds v. United States (1878). The Supreme Court continued the practice above in invoking a personal letter from Thomas Jefferson in their ruling, rather than sticking to citing the First Amendment, as is their duty. While they did not go as far as to use it in favor of their decision this is where they first brought it up. This is where the “wall of separation between church and state” first became precedent. Now, for or against, it is part of a Supreme Court decision. More than that though in ruling against Reynolds, they tossed aside entirely the idea of the Constitution and what it actually says and made their ruling based on the opinions of popular society with which they happened to agree. They just made up their ruling based entirely on what they thought the law should be. And we, as a country and people, have followed along right behind them ever since. According to the Tenth Amendment Congress had no authority to make the law that was being challenged.
3) Everson v. Board of Education (1947). Again the Supreme Court goes outside of the Constitution to invoke Jefferson’s quote regarding the “wall of separation between church and state.” Again they didn’t use it to support their ruling but they did mention it as if it were a legal precedent of some kind. And again they violated the Tenth Amendment by interfering with a matter at the State level which has nothing to do with their power as expressed by the Constitution.
I can just hear my readers out there saying, “Jesus Brett! Come to the freaking point would you!?”
Your wish is my command!
Why can’t you prey in schools? Is it because a bunch of intolerant leftists are attacking your religion? Is it because those intolerant jerks got the Supreme Court to rule against your point of view? Is it because the wrongly elected president nominated a bunch of communists to undermine your religion so that they could overthrow the country and turn it into some kind of atheist socialist utopia? Is it because in 1868 the Supreme Court created a ruling that allowed them to establish a precedent to go outside of the Constitution to create out of thin air whatever ruling they want?
The answer is, in order, no, no, no and no. Let me tell you this, my constitutional friends, that this has almost everything to do with you—as the American People—and very little to do with anybody that you might call “them.”
It is because in 1868 the Supreme Court created a ruling that allowed them to establish a precedent to go outside of the Constitution to create out of thin air whatever ruling they wanted, on that premise they adopted the “wall of separation” as precedent, on that they did it again and on that the American People agreed that they have the authority to do so even when they used it to rule against them.
They accepted the Texas ruling, whether you like it or not, because they believed the Court had the authority to make such decisions and they didn’t want the country to fall apart again. They accepted the Reynolds ruling, whether you like it or not, because they believed the Court had the authority to make such decisions and they didn’t like bigamy. They accepted the Everson ruling, whether you like it or not, because they believed the Court had the authority to make such decisions and they didn’t want the federal government to step on the funding for their busing systems in their own States.
Now what choice do they have in accepting the Court’s past rulings, in their apparent favor, in those kinds of issues, do they have when Engel v. Vitale (1962) comes along and the Supreme Court says that because of Everson, Reynolds and White they decide that it is no longer legal for you to pray in school?
Then, because We the People have previously accepted the rulings of White, Reynolds, Everson and Engel, what choice do we have but to accept the ruling regarding Abington School District v. Schempp (1963) when they decided against Bibles in school?
But in the Abington v. Shempp (really, wasn’t he one of the Three Stooges?) it gets worse than all of that. They did not refer to Thomas Jefferson’s wall of separation as a basis for the ruling. They instead referred to a book by some unheard of chuckle-head’s—Conrad Henry Moehlman—opinion of Thomas Jefferson opinion of the wall of separation which in itself was an opinion of the First Amendment….
(…Wait a moment here… …Let me get this straight in my head… …First Amendment… …Jefferson’s opinion of First Amendment… …Moehlman’s opinion of Jefferson’s opinion of the First Amendment… …That’s right.)
So in 1963 the Supreme Court’s ruling was not based on the actual text of the Constitution. It was based on the opinion of some idiot who had an opinion of a Founding Father, out of context, who was not in the country when the Constitution or First Amendment was debated, written or ratified.
And that’s what the American People accepted as law. Well…because the Supreme Court said so. And they did so in such voluminous, authoritarian and eloquent (LOL!) tomes that it must be true! Everybody knows…!
Sigh.
Now we come up to present time. Kennedy v. Bremerton School District is an interesting case. Of course it is, again, a lot more words than really anybody but the most lifeless, soulless, boring, dry, dull, tedious, uninteresting, monotonous, dreary… wait… what was I saying? Oh yeah! Too many pages, too many words, almost all gibberish, extremely soporific. Right. The worst of it is the dissenting opinion which astonishingly enough invokes the ruling of Abington and Engle, which invokes the ruling of Reynolds and a bajillion other rulings that the Court should have never been allowed to make.
On the more eloquent, pithy and constitutionally accurate side of life is the holding of the Court.
“Held: The Free Exercise and Free Speech Clauses of the First Amendment protect an individual engaging in a personal religious observance from government reprisal; the Constitution neither mandates nor permits the government to suppress such religious expression.”
So, in fifty words or less, this high school coach, named Kennedy, prayed on school grounds. He didn’t force others to pray with him. The school didn’t like it and told him to stop. He refused to stop. They fired him. He sued.
The First Amendment does not say “nobody in government, anywhere, at anytime, for any reason, shall ever be allowed to pray.” It does not say that there is a wall of separation between church and state. It says, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof….”
Is Coach Kennedy praying at a high school football game the same thing as Congress making a law establishing a religion? Nope. Then neither the Supreme Court nor anybody in the federal government has any say in it whatsoever. Is Coach Kennedy praying at a high school football game the same thing as Congress making a law that prohibits the free exercise of religion? Nope. Then neither the Supreme Court nor anybody in the federal government has any say in it whatsoever. Done.
I really like the second half of that ruling though. “…the Constitution neither mandates nor permits the government to suppress such religious expression.”
It says that as the federal government whether someone prays or not, or where and when they pray or not, is none of their damn business.
And on that point I whole-heartedly agree.
Why the Supreme Court is Dangerous: Part One
Why the Supreme Court is Dangerous: Part Two
Why the Supreme Court is Dangerous: Part Three
Why the Supreme Court is Dangerous: Part Four
Why the Supreme Court is Dangerous: Part Five
Saturday, August 13, 2022
Why the Supreme Court is Dangerous, Part 3: Everson v. Board of Education (1947)
Let me recap the previous two posts.
In Texas v. White (1869) the Supreme Court didn’t like the idea that they had to rule—as per the text of the Constitution—that there was nothing that made it so a State couldn’t unilaterally secede from the Union. This was within four years of the end of the “Civil War” and had the justices—several of who had conflicts of interest, the Chief Justice particularly, served as Secretary of Treasury under Lincoln and another of the justices was Lincoln’s very own campaign manager—ruled according to the actual text of the Constitution they’d likely have started a second wave of States seceding. In order to make this ruling they had to invoke a grand total of two words, “perpetual union,” from the obsolete and no longer legally binding Articles of Confederation.
This landmark ruling established the idea that the Supreme Court can grab whatever they want; legally binding law, obsolete law or whatever quotes from whoever’s opinion happened to agree with their own, and call it constitutionally established law.
In Reynolds v. United States (1878) they continued this practice by invoking a personal letter, rather than debated and duly passed law, from a past president—Thomas Jefferson—who was a founding father but was not even in the country when the Constitution or the First Amendment was debated, written or ratified. This is the first time the Supreme Court mentioned Jefferson’s “wall of separation between church and State.” While I agree with their decision, based on my own moral orientation, I don’t see under the Tenth Amendment where they, as part of the federal government, have any authority to decide what a marriage should be. The same applies to the law they were ruling in favor of—Morrill Anti-Bigamy Act—is a violation of the same Amendment. While I disagree with Reynolds’ actions I also think he was correct in saying it was also a violation of the First Amendment.
The thing that makes it a current issue is that the Supreme Court, in invoking Jefferson’s wall of separation between church and State, made the opinion of one man a precedent that following Courts would use to undermine religious rights across the entire country. The arguments courts keep making because of this arbitrary quote by one man, president and Founding Father though he was, continue to step on the religious rights of the People of this country to this very day. And I can’t help but notice that they picked Jefferson’s quote for this, rather than some of the quotes from a more religious Founding Father like John Adams.
So now we come to the case of Everson v. Board of Education. This case comes down to one simple thing, which again the Supreme Court took hundreds of pages of pure gibberish to explain. I can explain it in fifty words or less.
New Jersey passed a law providing funding for transportation of students to private schools. Many (96%) of those private schools were Catholic. Everson didn’t like this and thought it violated the First Amendment. It doesn’t. The First Amendment says “Congress shall make no law….” New Jersey isn’t congress.
There you have it. Forty-eight words. At least that’s how and why I think they should have ruled. I could expand on it a bit, should I feel so inclined, and point out that under the Tenth Amendment it is New Jersey’s business alone what they do with their money. I could also expand on the point that the First Amendment says that “Congress shall make no law respecting an establishment of religion” and that New Jersey is not the federal Congress of the United States, to which the discussed amendment applies.
My objection to this case, again, does not lie in the ruling itself; that New Jersey’s funding for transportation of students was not unconstitutional, even if the buses were taking kids to Catholic schools. My objections are that it should never have gotten to the Supreme Court to be ruled on in the first place because it is not a federal issue and it invokes the Jeffersonian “wall of separation between church and State,” making it again seem to some observers of the Court to be a legally binding constitutional precedent which has to be followed as if it were law.
To provide proof and demonstrate this line of reasoning we need only to look at the Reynolds v. United States ruling invoked within this ruling itself.
“Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups, and vice versa. In the words of Jefferson, the clause against establishment of religion by law was intended to erect ‘a wall of separation between church and State.’ Reynolds v. United States, supra, at 98 U. S. 164.”
Again we have the Supreme Court going outside of the Constitution citing one man’s undebated opinion as if it were law. By citing the previous ruling they establish a line of precedent to it which later courts are inclined to follow.
Now let’s, just for the fun of it, set all of that aside for a moment. There is nothing within the Constitution that gives the Supreme Court the authority over the courts, legislators, governors and People of the States regarding a State level issue. The idea that the votes of nine, eight, seven, six or five people can decide, over and above everybody else, what is or is not a valid law, is laughable in its level of absurdity. That this small handful of people can determine the fates of the country and everybody in it based on their own political prejudices and misunderstanding is a travesty of justice of the worst kind.
When they make irrational decisions outside of their authority they should be ignored by the States and the other two branches of the federal government. They have no independent power to enforce their rulings.
Outside of that one specific case that they are ruling on their opinions should be ignored. That they ruled something once a long time ago should have no bearing on anything outside of that specific case, now or in the future.
That’s the only authority the Constitution actually grants them. Their authority is to rule on individual cases, not the entire country because of a case.
I would say that so many in the country thinking otherwise, being willing to follow them blindly off the edge of a cliff, is reminiscent of lemmings but it's much worse than that. It is the willingness to follow them knowing full well, and with eyes wide open, that it is wrong and can only lead to destruction, based on nothing more than the idea that because they said so, it must be so, in spite of all evidence to the contrary.
Why the Supreme Court is Dangerous: Part One
Why the Supreme Court is Dangerous: Part Two
Why the Supreme Court is Dangerous: Part Three
Why the Supreme Court is Dangerous: Part Four
Why the Supreme Court is Dangerous: Part Five











