“Three Boogie Men” of Article 5: #3 – “Amendments Can’t Fix A Justice’s Reading Problem”

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Sketch of the Supreme Court justices hearing the health care reform case in March by Bill Hennessy.

The 3 “Boogie Men” of the Convention Of States

There are 3 common objections thrown at COS, with obvious disregard for fact checking the supporting evidence, thus the claims appear malicious and disruptive in nature, not authentic.

But we should answer objections frankly, to expose other readers and audiences to the truth when they are deciding. Objections are GOOD, if you can destroy the Article 5 objections, and the truth can do so.

These are the 3 primary Article 5 objections:

Let me provide reasons why each of these are easy-to-fact-check, inaccurate “fake debate” in a number of ways.  There are real concerns about the use of Article 5, but the ones above are based on factual and logical fallacy.

Today we continue this Constitutional review series with the third boogie man: Amendments can’t fix a Supreme Court Justice’s reading problem.

 “Amendments can’t fix a Supreme Court Justice’s reading problem.

In this objection, the opponent says it is not possible for amendments to be made to mandate “correct reading” of what is already written plainly in the Constitution.

I get that.

How can we mandate how a judge must read plain English the way he was taught in schools?  The challenge has been there since 1791, when the government created a bank, which was not a power cited in the Constitution.   Judicial tyranny is a long-term problem, not new at all.  And I discovered the founders deliberately neglected restraining the judiciary, they considered it impossible to corrupt. I explain below.

HERE IS THE PROBLEM:

The Constitution is known for “checks and balances,” but the founders thought the Supreme Court was so weak, it needed no restraint:  In Federalist 78, Hamilton said,

“This simple view of the matter suggests several important consequences. It proves incontestably, that the judiciary is beyond comparison the weakest of the three departments of power. That it can never attack with success either of the other two; and that all possible care is requisite to enable it to defend itself against their attacks.”

So, the Supreme Court is a certain and obvious failure of constraint due to intentional under constraint at conception, which is now allowing outrageous sodomizing of the Constitution by the Justices themselves. Avarice has caused them to become drunk on power.

The founders never realized how the judiciary would tend toward avarice as time passed! This was an unforeseen problem.

It’s time to fix it now.

We have been fighting the runaway Supreme Court since the national bank was created in 1791.  After 240 years, it’s time for the good, honest, people, to restrain the runaway Supreme Court.  This is a problem for all time and for all countries.  Justices reading laws eisegetically is KNOWN to be wrong in every law school, but they claim to have the power.  That’s hogwash.  If we can’t make amendments to restrain the Supreme Court, we can’t have a government of written laws at all. Restraint can, and it must, be done.

How do you restrain radical eisegetic justices?  Put the power to stop them in the hands of other branches of government. “Empower the states” is one powerful idea.

We can propose and fix this problem with clever Amendments, which congress will never permit, only the majorities of constructionists in the majority conservative states have the intellectual honesty to fix this, and the legal authority in Article 5. Here are suggested Amendments:

  • “Countermand amendment” which allows a majority vote of 50 governors to vote to overturn a SCOTUS decision. This is a MANDATORY amendment, or something similar to allow states to constrain the lying justices appointed by the leftists specifically to read incorrectly.
  • Make “stare decisis” illegal.  Make “case precedence” illegal. RECOMMENDED.
  • Mandate ONLY up/down rulings, no remedies can be fabricated by the courts. The legislature must be required to remedy what the SCOTUS rules unconstitutional. MANDATORY.
  • All states must immediately disregard all prior SCOTUS remedies, because they are all unconstitutional law which did not pass the legislature nor has the President signed the law into the record. MANDATORY.

For more on the 240 year old issue of Judicial Tyranny, here is a good source.

https://tenthamendmentcenter.com/2012/06/04/thomas-jefferson-on-judicial-tyranny/

How Do You Stop The Runaway Federal Government?

ConventionOfStates.com – Sign the petition. Get to know us. Volunteer. Donate.

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John Lofgren spent over 10 years researching US economic history, identifying best practices, and exposing findings in public forums in researching his well reviewed book, "Atlas Shouts". John earned degrees from the University of Florida and the University of Central Florida. A computer engineer, he holds five patents and has thirty years of design experience in electronics and design automation. He is also an accomplished lead singer and guitarist in a Motown/Classic Rock band.

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