Judicial Tyranny and the Failure of Congress

Judicial Tyranny and the Failure of Congress

    President Trump in trying to protect America has encountered the treason of protestors attempting to violently overthrow the duly elected government, usurping the fundamental civil rights of Americans. Begun in Ferguson, where criminals were allowed by a governor; failing to uphold his oath of office in protecting and defending the original intention of the Constitution of the State of Missouri and the Constitution of the United States; to rob, loot, burn property, and obstruct the access of innocent citizens to their homes and businesses.

    Not only is the rule and order of law at every level ignored, judicial tyranny unrestrained by failed legislatures has been permitted to violate the Constitution and ignore common sense. The Framers and Founders were fully cognizant of where tyranny or failure of any branch of government to check and balance each other would lead. Regarding judicial tyranny, Thomas Jefferson expressed the danger clearly.

    “In denying the right [the Supreme Court usurps] of exclusively explaining the Constitution, I go further than [others] do, if I understand rightly [this] quotation from the Federalist of an opinion that ‘the judiciary is the last resort in relation to the other departments of the government, but not in relation to the rights of the parties to the compact under which the judiciary is derived.’ If this opinion be sound, then indeed is our Constitution a complete felo de se [act of suicide]. For intending to establish three departments, coordinate and independent, that they might check and balance one another, it has given, according to this opinion, to one of them alone the right to prescribe rules for the government of the others, and to that one, too, which is unelected by and independent of the nation. For experience has already shown that the impeachment it has provided is not even a scare-crow . . . The Constitution on this hypothesis is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please.”  — Thomas Jefferson to Spencer Roane, 6 Sept. 1819,The Works of Thomas Jefferson. ed. P.L. Ford, Fed. Ed.12:135—38

    On other issues from immigration to protecting life, privacy, and preventing terrorism; enemies, foreign and domestic, are aided and abetted by politicans and a media completely ignoring or ignorant of the truths of science and history. On ideological grounds, the Framers established the Constitution as the overriding authority over the rule and order of man’s law in the American political jurisdiction. Itself based on immutable Law beyond human comprehension and capacity, it is Law indelibly inscribed on tablets of Truth. Only amendable by three-quarters of the established political authority, the Constitution is framed to address the ever-present repetitive failures of human behavior. Whether protected from the errors and failures of the public majority by the Electoral College, the election of Senators by the state legislatures, the intention of only direct taxes, and the other safeguards and protections incorporated after studying history in secret for three weeks before beginning deliberations, the Constitution places the primary responsibility for its protection on Congress.

After undergoing and suffering the tragedy of our great Civil War, the belief in an absolute of law became eroded. Asking the question, as to “How God . . .”, until then accepted as the Source of all, – truth, the natural order, emotion, immutable Law, etc., presumed until then as having a character of being loving and just, “ . . . could countenance such horror?”, the false religions of humanism spewed forth the lies and deceptions separating all its congregants from the Truth endowing “Life, Liberty, and the pursuit of Happiness”.

The judiciary led the charge in the attack on America. From Langdon, to C.E. Hughes, Jr., and on to the traitors, robed ominously in black today, Congress has failed in upholding its oath of office to protect and defend the Constitution from “all enemies, foreign and domestic”. As it did in the Judiciary Act of 1789, in the first Congress, in the City Hall of New York, as with the Bill of Rights, followed by subsequent Judiciary Acts until after 1891, Congress had exercised its Constitutional authority over all the Federal judiciary including the Supreme Court. Insidiously eroding and corrupting our freedom by judicial tyranny, Americans are shackled with injustices defying even common sense and reason.

Impacted by the consequences of a judiciary being unchecked by Congress, this Committee for the Constitution, in numerous articles, called for Congress to accept its Constitutional responsibility in regulating the unbridled tyranny of judicial activism. Until the recent election displayed the intention of the people to “drain the swamp” eliminating the corruption and injustice of government ruled by a political establishment, lawyers loyal to the politics of a bar excluding truth and reality ruled untouched by Congressional oversight and “justice for all”.

Time is long overdue for Congress to rein in the tyranny and violation of the original intention of the Constitution with a new Judiciary Act modeled after the ones proposed by this Committee for the Constitution. Regardless of what anyone or any entity; be it politicians at any level of government, in any jurisdiction; corporations unjustly eliminating free enterprise and/or free just competition through unbridled capitalism; those fomenting civil unrest and crimes violating fundamental civil rights; to those disseminating the lies and deceptions attending the religions of humanism in the guise of political correctness; chooses to believe, only Truth defines reality.

CftC

The Judiciary Act of 2017

    An Act to regulate the jurisdiction of the Supreme Court and all inferior Courts of the United States brought under the authority of Article III, Section 2, Paragraph 2, Sentence 2, of the Constitution of the United States of America as amended.

Be it enacted:

Article I

States

Section 1. That the Supreme Court of the United States shall not exercise final authority over the interpretation of the original intention of the Constitution of the United States.

Section 2. That such final authority to determine the original intention of the Constitution rests solely with Congress of the United States fully assembled according to a three-fourths majority of both Houses concurring with the President of the United States.

Section 3. That upon passage of any judgement by Congress and signature by the President brought under this Section, one-third of the several States concurring by action of their governors may require ratification of such a judgement brought under this Section by three-quarters of the legislatures of the States concurring.

Section 4. That no Court in the United States shall have any jurisdiction over any law passed by any legislature of the United States and signed into law by the governor of the said state except where such jurisdiction is specifically and explicitly granted by the Constitution of the United States or the Constitution of the said State.

Section 5. That any question of constitutionality of any law of any state or any question of the Constitutional intention relative to any decision of the Supreme Court of the United States may only be decided by petition of one or more state legislatures to the Congress of the United States fully assembled, and further any such question may only be adjudicated by not less than a three-fourths majority of both the Senate and the House of Representatives concurring.

Section 6. That absent concurrence and decision of both houses of the Congress of the United States, the original intention of the state Constitution determined by the legislative history of that state’s Constitution and any Amendments shall control.

 Article II

Citizens

Section 1. That on appeal from any decision of the Supreme Court of the United States regarding the interpretation of the Constitution of the United States as amended, either party, or on appeal from a number of citizens authorized by the legislature(s) of the respective States from at least three-fourths of the States of the United States, or any state legislature, or the Attorney-General of the United States, regarding any matter of Constitutional intent, either the House of Representatives or the Senate, each fully assembled by majority of those present may vote to hear or deny such an appeal.

Section 2. That having voted to hear such an appeal, both houses of Congress shall appoint a select committee for each to study the complete, available, public record relative to the issue or question at hand, and then report their findings to each house.

Section 3. That having heard the findings the said committees assembled under Article II, Section 2 of this Act, each house with three-fourths of its total membership, both affirming their intention regarding the meaning of the Constitution, shall forward their declaration of meaning so ascribed to each provision of the supreme law to the President of the United States for his concurrence or rejection.

Section 4. That those provisions or meanings so declared by Congress to which the President has affixed his signature shall have the same full force and effect as the supreme law of the land.

Section 5. That if the President shall veto any provision, meaning, or interpretation of Congress as to the original intention of the Constitution as submitted to him, Congress shall submit the judgment of Congress relative to the cause brought under this Article II for ratification by three-quarters of the legislatures of the States concurring.

Section 6. That absent or pending any ratification, while awaiting any process of appeal from the Supreme Court to the Congress, or while awaiting any action denying any appeal to Congress, any appeal shall provide immediate injunctive relief staying any judicial determination.

Article III

Amendment

                That henceforth, this Judiciary Act of 2017, may only be amended by a concurrent vote of three-quarters of the total membership of both houses of Congress, all other acts, rules, procedures, and provisions of each house excluded.