Thursday, April 21, 2022

The Supreme Court Is Not The Final Say On The Constitution. We Must fight to make sure that the left does not use the Court to Make Laws.

ITS TIME PATRIOTS STOPPED THE IRRATIONAL 9 PERSON BODY FROM BECOMING THE FINAL ARBITERS OF THE CONSTITUTION 



By BENJAMIN R. DIERKER

Americans have been told a lie about the constitutional balance of power. Despite activist assertions to the contrary, the Supreme Court is not a supreme constitutional council with the sole and final say on legal matters. We have accepted a larger than life picture of the judiciary, and it is slowly destroying individual liberty and the constitutional order laid down by the founders.

The Constitution outlines the role of the courts, but for some time they have been operating beyond their proper function. We must change how we see them, understand their appropriate role, and stop allowing the growth of power. Each new interpretation of plain text that widens the judiciary’s authority is a dangerous violation of the separation of powers. If executive overreach concerns you, judicial overreach doubly should.

To correct a few common misconceptions, the judiciary’s rulings are not the supreme law of the land, even rulings from the Supreme Court. The judiciary is not the only or even final arbiter on the Constitution. And the judiciary is not a truly co-equal branch of government.

Court Opinions Are Not Supreme Law

Article VI of the Constitution describes what qualifies as the law of the land.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land…

The only national laws are the Constitution, congressional law, and treaties. Conspicuously missing are Supreme Court decisions. While the court is known for deciding the constitutionality of laws, its decisions are not themselves laws. In the strictest sense, the opinions rendered by the Supreme Court are binding only on the parties before it.

The Supreme Court is just that, a court. It was established to adjudicate cases and controversies before it. Courts cannot make general pronouncements of law; they exist to settle disputes.

In fact, the Supreme Court is prohibited from issuing advisory opinions or ruling on laws that do not arise through litigation. Justices are not consultant scholars but arbiters in the limited setting of a legal case, not general legal or public policy matters. Courts issue their rulings in the form of judicial opinions, laying out the holding and the rationale.

Holdings are decision on legal issues, and the commentary around it is history, legal reasoning, or dicta. Sometimes dicta matters and sometimes it is pontification. That is, not all of an opinion is legally binding, and what is binding is a settlement of a particular, and often limited, legal issue.

Supreme Court opinions are commonly viewed as the law of the land because they often involve decisions on the constitutionality of government actions. We assume when the high court rules, it is articulating what the Constitution says. The Constitution is the supreme law, but it is also a plain text. That text is the law, the ruling is not. As Justice Story said of judicial opinions in Swift v. Tyson, “They are, at most, only evidence of what the laws are, and are not, of themselves, laws.”

Further, if the Supreme Court rules one way, it is likely to rule that way again, so continuing to push a law or policy that contradicted a previous decision may be futile. The precedent the court sets effectively prevents the same issue from arising, because lower courts will rule in accordance with that precedent.

Still, what the Court produces is not law, but a determination on how it interpreted an existing law for the purpose of settling a specific case or controversy. When the same issues and facts arise, they can be settled based on that precedent. These rulings are legitimate and important, but are not the final word on policy matters for the whole country.

Supreme Court Not Final Arbiter

For all its power and influence, the Supreme Court is still just a court. It cannot decide which laws to rule on, because it can only make decisions about the case before it. It cannot revisit old cases unless new parties bring a similar issue before it. It cannot make unsolicited rulings nor advise on constitutionality to the President or Congress. Despite our modern picture, the court sits in judgment of cases. It is not a philosophical reservoir of wisdom.

It is not even the exclusive entity with the power to interpret the Constitution. Madison wrote in Federalist 49, “The several departments being perfectly co-ordinate by the terms of their common commission, none of them, it is evident, can pretend to an exclusive or superior right of settling the boundaries between their respective powers.” Thomas Jefferson further noted in a letter to William Jarvis, “to consider judges as the ultimate arbiters of all constitutional questions…would place us under the despotism of an oligarchy.”

It is clear from the Constitution itself and the founders’ writing that each branch can and must interpret the Constitution and its own powers. Jefferson also explained why the courts deal in constitutional interpretation the most, writing: “judges certainly have more frequent occasion to act on constitutional questions, because…the great mass of the system of law, constitute their particular department.” It happens to be their work, but that does not grant them exclusive or ultimate power over it.

When legislating, Congress debates whether prospective legislation is constitutional, and the president makes a similar determination about whether to sign or veto. In unilateral action, the president interprets his authority and the constitutional framework. Article II Section I requires the president to swear an oath to “preserve, protect and defend the Constitution of the United States.” How else can he do this without interpreting it? Indeed, his loyalty is to the Constitution itself, not necessarily the opinions of the Court or certain laws of Congress.

Because each branch relies on the others to carry out their directives, the judiciary cannot enforce its rulings. That is up to the executive. When the judiciary rules, the president may have a different view and theoretically choose not to legitimize quasi-legislative action by not enforcing the court’s decision. The prudence of this depends on the circumstances, and while institutional legitimacy is best served by following court orders, objectively illegitimate ruling may demand rejection. Consider Dred Scott or Plessy v. Ferguson.

The Supreme Court Is Not Co-Equal

The three branches of government are often described as co-equal, each with powers that check and balance perfectly. They are equal in constitutional legitimacy, but not in power. The American judiciary was initially conceived to be the least powerful. The Constitution even describes it last and shortest among branches.

The courts are not intended to legislate, execute, craft, or decide policy.

The courts are not intended to legislate, execute, craft, or decide policy. They are meant to provide citizens an avenue for recourse to reconcile wrongs for which they have causes of action. Explaining the role of the judiciary, Alexander Hamilton wrote in Federalist 78 that the judiciary would possess “neither force nor will, but merely judgment.” He goes on to say, “It proves incontestably, that the judiciary is beyond comparison the weakest of the three departments of power…”

The judiciary holds one small but distinct power. If the Framers were not so keen on separation of powers, the judicial power may have been included with the legislature or executive. Rather than this, they placed the small power in its own branch, not to empower judges over legislators or citizens, but to prevent abuse of justice by the other branches. It is independent because the small authority is important, not because the duty requires or instills great power.

When written and ratified, the Constitution only called for a judiciary made up of one supreme court, on which only one chief justice was required. It was not conceived as a large or powerful branch of government, but an institutional check on the others compactly maintaining the judicial power of the United States.

Of course the judiciary is larger today, and its growth has mostly been legitimate by deliberate congressional action. But the minimal scale and scope of the constitutionally mandated judiciary shows it was never conceived of as a body laying down the law of the land on policy position and impacting the entire country.

Growth through acquiesce should be viewed with great skepticism as a violation of separation of powers. And certainly growth through packing the Supreme Court with additional justices should be abhorrent to liberty-loving Americans.

The Courts Should Be Respected, Not Praised

It is past time to clarify what the American judiciary is and how it was intended to operate. The courts are legitimate and necessary, but are not meant to create or shape policy. They were designed to settle disputes, and that means ruling for the parties before them.

Rulings from the Supreme Court should not affect the whole country–and certainly not rulings from district courts.

The national obsession with the Supreme Court, and accompanying acceptance of its power grab, is anti-republican. If we continue down this road, our politics will grow uglier as fights to replace justices become further embittered, and our law will be held captive by an oligarchy.

We have grown to view the court as a body of philosopher kings rather than civil servants who settle specific arguments. Rulings from the Supreme Court should not affect the whole country–and certainly not rulings from district courts.

You don’t go to the courts to solve general matters; for that, you go to the legislature. You go to the court to resolve particular disputes. For the health of the nation and the rule of law, it is critical that we stop using courts as weapons to shape law and view them as avenues of recourse to resolve limited cases and controversies.


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ONLY PATRIOTS CAN CHANGE THE TRAJECTORY OF THE SUPREME COURT. 

REVOLUTION AND AMEND THE CONSTITION TO LIMIT THE POWER OF THE SHITHOLE THAT IS WASHINGTON DC

Friday, April 8, 2022

YOU SHOULD BE WORRIED: This is China's blueprint for global dominance. They will kick America's Ass with the aid of the domestic enemies of the Republic embedded in our Government, Media and businesses!


By the time China's ambitions of displacing the U.S. as the dominant global power were widely understood, Beijing's success had already begun to feel inevitable. Stupid Joe Biden and the Leftist Democrat Party that props him up will be happy to be #2 in the world behind China and get the "Kick Backs" from their China Masters and live a comfy life style while destroying the fabric of our "Constitutional Republic". If they have the money they don't really care what happens to America.

Remember there are a few things they have to do before they can implement this plan.

1. Take away our ability to fight back ( Take away our Guns)

2. Take away our ability to communicate. ( Censor Social Media and Control the News!)

3. Make it too expensive and complicated to travel. ( Expensive Gasoline, Mask Mandates, Vaccination Passports)

 

Make no mistake they are well on their way while we are sleeping!


 

China is the #2 Nation in the World. The leadership of China want their nation to become # 1 Nation in the World. In 1990 they developed a 50 Year Plan to become the number 1 Nation. They have worked toward this end for 27 years. They have progressed economically by adopting capitalism to their economic system. 

Politically they have remained wedded to their Communist roots. They have a system that has adopted the four class system as a part of their political model. This of course means that they do not adhere to the classical Communist model that believed that Communism would develop into a one class workers state, But they still adhere to the oligarchical model of rule which precludes any true democracy. 

They take on and defeat Russia on the modern battlefield with Tactical Nuclear Battlefield Weapons. They take over all of Russia from the Ural Mountains to the Pacific Ocean. They did this for the natural resources of that area and to populate the area with millions of their own population. Their have increased the size of China by doubling its area under their direct control. 

They did this primarily to show the United States that they are not afraid of Nuclear Weapons and also to show that they will resort to War when necessary in their Quest to #`1 status in the World. They want to eventually rule the Pacific Ocean and be the arbiter of all trade within that areas. It is a direct challenge to the United States. They hope to achieve they ends through trade on the new 'Silk Road' they are building from China thru Pakistan to Iran to Moscow to Germany to the Netherlands and then through France to Venice on the Adriatic Sea. 

 They will then take over the Mediterranean Sea to the Suez canal and the Red Sea to the Indian Ocean. They will form bases on Sri Lanka and other areas to block India from trade routes necessary for their prosperity. They want to isolate India and hinder their progress into the foreseeable future. 

They believe they can supplant the United States as the richest nation and the #1 Nation of the World. This the first 27 years of the 50 Year Plan. The future favors those who plan for their success.

Why it matters: The Chinese Communist Party has exploited America's desire to "sleep through difficulties," writes Jonathan Ward in the new book, "China's Vision of Victory." He contends that the outcome of the battle for global supremacy remains to be determined, but that the U.S. must quickly and dramatically change course in order to prevail.

  • The longstanding U.S. strategy of engaging economically while hedging against China's rise militarily was a mistake of historic proportions, essentially "putting wind at the back" of a burgeoning rival, Ward told me in an interview.
  • In his book, Ward traces China's vision of global preeminence back decades. He says President Xi Jinping merely "took the mask off" in recent years.
  • Ward, whose research included poring over since-closed Communist Party archives, adds that "the greatest thing China’s given us is a very clear image of what they’re going to do.”

The big picture: “The objective is dominance in global affairs on a longer-term time frame," Ward told me. "So, ideologically the idea is to restore their position — restore because they say they used to be the world’s supreme power and now they’re going to return to that — by the year 2049, which is the centennial of the founding of the People’s Republic of China."

  • To that end, China is endeavoring to "produce national champions in every sector" and dominate emerging technologies like artificial intelligence and 5G networks.
  • The Belt and Road network of ports, roads and railways, meanwhile, is intended to impose the "coercive force of the Chinese economy... to build strategic beachheads" around the world. "In the 19th century we'd understand that as empire building," Ward says.
  • Ward says China's government is mobilizing its economy, its military and its citizens toward the mission of "national rejuvenation." He describes it as "the most comprehensive effort assembled in human history towards a very singular goal.”

The bottom line: “Essentially it's full steam ahead on pretty much every human activity, from space to seabed, with the objective of becoming the world’s leader in all of these things. And with that, you build a foundation of power that is absolutely beyond what can be achieved by any other nation."

  • “I think it’s easy to understand their strategy. What’s hard is that it’s a good strategy.”

But, but, but: Ward emphasizes in his book that the U.S. "retains enormous advantages in terms of economic and military power, a global alliance system, and leadership in the innumerable institutions built under the Pax Americana."

  • He says the consensus that China will replace the U.S. as the world's largest economy is premised on the continuation of the status quo. Ward argues that "we have to start thinking the unthinkable" now, in terms of unwinding economic ties to China and shifting supply chains to politically friendly countries.
  • “These are tough things but this is where great minds should be applied," Ward told me. "How do we retain these economic advantages, the technological advantages, the military advantages. Let’s face it, we’re the ones who’ve already won. We’re just giving it away."
  • Ward argues that the contests that will define China's success or failure are underway now, and will be decided over the next ten years.

Zoom out: “A contest between the United States and China will be a close-run thing," Ward writes. "However, a contest between China and the democratic world will be impossible for China.”

  • “In many ways Chinese global strategy is actually focused on Europe," he told me. China knew the U.S. would eventually wake up to its "problem in the Pacific," but "Europe is a world away from the security questions in Asia.”
  • “If you’re going to have problems with the U.S., where do you go next? To Europe. That’s where they can harvest technology, it’s where they can harvest education, it’s where they can build their technological advantages. You have to do that by engaging with somebody who’s higher up the value chain, so if they’re going to see that erode in the United States they have to double down on it in Europe."
  • "That’s the Chinese approach. And they have to convince the Europeans they’re benign. ... What you have to think about in Europe is, what would it mean for your superpower partner to be defeated by authoritarian China?"

Ward says the solution is "the democratic world consolidating, integrating, pushing back, cutting China off from the things that will enable the continued rise toward their vision of power."

What to watch: "What will it mean for the prevailing norms in international relations to be decided by an authoritarian state where freedoms of speech, press, and assembly are extinguished for its citizens and those under its power?” Ward writes that if we lose the next decade, we'll soon find out.

  • I asked him where the U.S. will find the political will needed to truly embrace this challenge. He said to watch out for "Sputnik moments."
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  • WAKE UP AMERICA BEFORE ITS TOO LATE!

Here’s how China became the world’s No. 2 economy and how it plans on being No. 1

FUTURE SHOCK 

China to be world’s top superpower in just 10 YEARS as it overtakes America’s military and economic might, experts warn

CHINA will blast the United States off the top spot to become the world's top economic and military power within the next decade, experts have said.

As the ruling Communist Party marked the 100th birthday this week, President Xi Jinping, 68, said foreign forces attempting to bully China will "get their heads bashed" as he threw down a gauntlet to the West.

China celebrated the 100th anniversary of the Communist Party on Thursday
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China celebrated the 100th anniversary of the Communist Party on ThursdayCredit: EPA
President Xi Jinping warned that foreign forces attempting to bully the nation will 'get their heads bashed'
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President Xi Jinping warned that foreign forces attempting to bully the nation will 'get their heads bashed'Credit: Alamy

And the giant nation is on course to overtake the United States and become the biggest economic powerhouse, Professor Kerry Brown, of the Lau China Institute at King's College London, told The Sun Online.

"Economically, barring total disaster for China, it will be the largest economy some time in the next decade," Professor Brown told The Sun.

"It will be a superpower with Chinese characteristics, meaning it will want a major space for its own ambitions, but it won't want to take on leadership of the rest of the world.

"Relations look set to be pretty frosty for the future. It does not desire to become the West, or have the West become like it."

It comes as China has boasted its success in tackling Covid - despite Western doubts over its claims amid allegations of a cover up - while the US has struggled with the world's worst outbreak.

With a fierce speech in Tiananmen Square on Thursday, President Xi said the people of China would never allow any foreign force to "bully, oppress, or subjugate" them.

And meanwhile, his Russian counterpart Vladimir Putin also taunted the US this week and said the US's dominance as the world's number one superpower is "over".

"Anyone who dares try to do that will have their heads bashed bloody against the Great Wall of steel forged by over 1.4 billion Chinese people," he said, sparking applause from an audience of 70,000 gathered in the massive square in central Beijing.

Xi said the nation "must accelerate the modernisation of national defense and the armed forces" in order to "safeguard its sovereignty, security and development, elevating them to world-class standards".

But China's rapid military modernisation has fuelled growing concern among its Asian neighbours and in the West.

[China will] get the upper hand, both economically and militarily, on bilateral terms

Professor Ashok Swain

The People's Liberation Army now has the world's second-largest annual budget after the US armed forces and has been adding sophisticated new aircraft, showcased in a flyover at the start of the centenary ceremony featuring a squadron of China's J-20 stealth fighters.

The country is enmeshed in a deepening rivalry with the United States for global power status and has seen recent clashes with India along their disputed border.

And China's ambitions show no sign of dampening.

Ashok Swain, professor of peace and conflict research at Sweden's Uppsala University, believes China will "get the upper hand, both economically and militarily, on bilateral terms" in the next decade.

Chinese citizens celebrate the 100th anniversary of the Communist Party
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Chinese citizens celebrate the 100th anniversary of the Communist PartyCredit: Reuters
The distinctive red hammer and sickle flags are waved for the Communist Party
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The distinctive red hammer and sickle flags are waved for the Communist PartyCredit: Getty
The Communist Party have total control of China
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The Communist Party have total control of ChinaCredit: Reuters

"The US is spending on its military at least three times more than China, but China is spending more and more every year to modernise its military and develop new weapons," the 56-year-old told The Sun.

"China, under Xi Jinping, has become very different from what it was expected to be ten years ago when the Chinese Communist Party was celebrating its 90th anniversary.

"There is no hope anymore of regular transition of power or some openness in the political system.

"Xi now has total control of the country, party, and military."

Robert Sutter of George Washington University's Elliot School of International Affairs warned that Xi is "setting up China for a protracted struggle with the US".

"In foreign affairs it involves growth of wealth and power, with China unencumbered as it pursues its very self-centered policy goals at the expense of others and of the prevailing world order," Sutter said.

New data has revealed how the Communist Party ranks swelled by 2.43 million in 2020 - the largest annual gain since Xi became president in 2013 - to 95.15 million members now.

Chinese soldiers sit at attentions during the celebrations in Tiananmen Square
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Chinese soldiers sit at attentions during the celebrations in Tiananmen SquareCredit: Alamy

Xi has eliminated limits on his time in office and he is expected to begin a third five-year term as party leader next year.

But his dangerous concentration of power and his silencing of opposition forces could lead to problems, Professor Shaun Breslin from Warwick University warned.

"One of the potential dangers of becoming too good at silencing opposition and critical voices is that you can lose sight of how much opposition and criticism there really is," the professor of politics and international studies told The Sun Online.

"What I think is clear is that the longer he rules, and the more he concentrates power on himself, then the harder its going to be to have an orderly and stable succession to the next leader - whenever that comes."  

Professor Brown said Xi's position appears to be secure for now - but warns he could face "massive challenges" in the future.

China has the world's largest population - with 1.4billion
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China has the world's largest population - with 1.4billionCredit: Reuters

"Based on the evidence of the last decade since he came to power in 2012, he looks secure and dominant," he said.

"It doesn't seem like he is going any place soon. But he is in his seventies from this year, and can't carry on forever." 

He added: "The party's younger leaders are different - their outlook marked by a strong sense of confidence, but also an awareness that the party needs to deliver material goods to Chinese people, and have answers to the country's vast environmental and inequality issues. 

"These are the key themes that will decide whether Xi and the Party are secure. if they run out of answers to these issues, like everyone else, they will be facing massive challenges.

"The youth of China have huge burdens. The population is ageing fast. This generation will need to be the ones that face that issue."

Military jets fly over the central business district in Beijing to mark the centenary
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Military jets fly over the central business district in Beijing to mark the centenaryCredit: Getty

Elsewhere, China has established a solid foothold in Africa, pumping billions of pounds into infrastructure projects and bolstering its influence under its massive Belt and Road Initiative.

"In most parts of Sub-Saharan, China has already displaced the US and has become the primary influencer," Professor Swain said.

He added: "China is fast becoming a major power player in the Middle East. The US troops' withdrawal from Afghanistan allows China to influence Afghanistan policy in the years to come.

"Even in Israel, China’s influence has expanded rapidly.

"In the coming years, the potential flashpoints will be Iran and Ethiopia. China is already openly engaged in recruiting these two countries as allies while the US is doing everything to retain its influences."  

But Professor Breslin pointed to growing concerns over "debt dependence" and the possibility of developing countries becoming trapped in a difficult relationship with China.

Experts say Xi's position in power appears to be secure for now
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Experts say Xi's position in power appears to be secure for nowCredit: Alamy

And China's relationship will Russia could be problematic, Professor Breslin said.

"Its partnership with Russia suffers from several contradictions, and their competition for influence in Central Asia can be pretty problematic for their relations soon," he said.

Thursday's centenary celebrations began with a flyby of fighter jets and helicopters observed by the nation's leaders, seated at the southern ramparts of the Forbidden City.

A 3,000-strong chorus sang seven socialist songs during the event.

The party's official narrative glosses over past mistakes or current controversies, emphasising development, stability and efficiency - including boasting its apparent controlling Covid at home, despite doubts from the West.



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