VIII – this heretic “court” has repeatedly violated basic American principles.
*** James Madison, Federalist #71: “..it is the just observation that the people commonly intend the public good.”
Madison, Federalist #45: “..the public good, the real welfare of the great body of the people, is the supreme object to
be pursued; that no form of government whatever has any other value than as it may be fitted for the attainment
of this object.”
1]. James M. Burns and Stewart Burns: “A People’s Charter”: “The story of the Constitutional Convention of 1787 is not about liberty. It is about unity, stability, security – about order..delegates were resolved to build a stouter, more durable union.” “The consensus that has developed among Americans with regard to the fundamental rights that ought to be protected by any Bill of Rights worthy of the name…The roots of that consensus lay in the English heritage..Magna Carta.. doctrines of natural rights..”
*** “That the people have an original right to establish, for their future government, such principles as, in their opinion, shall most conduce to their own happiness, is the basis, on which the whole American fabric has been erected.”
[John Marshall, “Marbury”]
2] Leonard Levy: “Origins of the Bill of Rights” [83]. “No one in the United States during the generation of the Framers advocated a federal power to promote, assist, or support religion.” [91} “..the First Amendment meant, indisputably, that Congress could make no law concerning the sort of establishment that characterized Lutheran Sweden, Anglican England, Roman Catholic Spain, or Presbyterian Scotland.” [139] “Every American colony enacted laws that necessitated both military service and guard duty by all able-bodied men.” [141] “The Articles of Confederation..provided that every colony shall always keep up a well-regulated and disciplined militia but said nothing about the individual’s right to be armed for his own purposes.” [151]. “What mattered was not what the Magna Carta actually said but what the people thought it said..what it had come to mean. What also mattered was the inspiring imagery..” [252]. 18th century: property “did not mean merely the ownership of material things..Locke used the word to mean all that belongs to a person..” Madison, 1792: the “larger and juster meaning” of the term property: “every thing to which a man may attach value and have a right..”.. he “may be equally said to have a property in his rights.” [255]. “Nothing in the thought of the Framers foreclosed the possibility that new rights might claim the loyalties of succeeding generations.” Virginia Chief Justice: “May we not in the progress of things, discover some great and important [right], which we don’t now think of.”
*** “When we [Americans] talk about the rule of law, we assume we’re talking about a law that promotes freedom, that promotes justice, that promotes equality.” [Justice A. M. Kennedy]
3]. Jack Rakove: “Original Meanings”: “On the principles of government, a broad consensus reigned. Government existed for the good of the many, and to protect liberty, property, and equal rights of the citizens. the idea that representation would help the government determine the common good was commonplace, and so was the belief that separation of powers was essential to the protection of rights…”Life, liberty, and property comprised the fundamental trinity of inalienable rights..Americans were also inclined to add a fourth ‘natural and inalienable’ right: ‘To worship Almighty God according to the dictates of their own consciences and understandings..”
*** “A constitution, from its nature, deals in generals, not in detail. Its framers cannot perceive minute distinctions which arise in the progress of the nation, and therefore confine it to the establishment of broad and general principles.”
[John Marshall, “Bank”]
4] The BEGINNING list of “basic American principles” is above. To this we may add the “Bill of Rights.” The public good, the general welfare, unity, stability, security, HAPPINESS, absolute separation of church and state, the common DUTY of able-bodied men to maintain a ‘well-regulated and disciplined militia”, the rule of law, separation of powers, ‘worship according to the dictates of one’s own conscience’……
5] Perspective: the framers top fears: corruption, slavery, religion, mobs. Madison’s incomplete notes for the roughly 100 day Philadelphia Convention contained the word “corruption” 54 times. 54 TIMES. They were obsessed with creating “a virtuous republic,’ of virtuous citizens, of virtuous leaders.
Slavery is America’s original sin and curse. Slave-holding states refused to join a “united states” unless slave “rights’ were maintained [which led to civil war, Jim Crow, and continued discrimination].
The Founders were very well aware of religious warfare in Europe. they were determined to remove this threat in their 1776-1800 state constitutions, Article VI, and Amendment One.
Fear of mob violence, some done in the 1780s, led to various Articles protecting property and for the calling up of the militia to suppress violence. Those fears were realized in January, 2021.
*** “Government is a trust, and the officers of the government are trustees; and both the trust and the trustees are created for the benefit of the people.” [Henry Clay, 1829]
6]. The list of the heretic Roberts “court” violations of basic American principles is close to endless. they have lie3d and misruled big and “small.” Just a few samples:
A] CORRUPTION, the Founders’ #l concern. Begin with “Citizens United.” “Political spending by billionaires soared” [7/21/20]: “Billionaires gave 37 times as much in political contributions..as they did 10 years earlier.”
Double Pulitzer Prize winning historian, Thomas Ricks, “First Principles”: “..the founders would be appalled by how money has come to dominate American politics..They did not design the United States to be an oligarchy…the founders would have considered corporate campaign spending the essence of political corruption.”
*** “..there is absolutely nothing to be said for government by a plutocracy, for government by men very powerful in certain lines and gifted with the ‘money touch,’ but with ideals which in their essence are merely those of some many glorified pawnbrokers..” [Theodore Roosevelt]
B] Racism, this heretic “court” has decided to overturn many bipartisan civil rights laws of long standing. Prominent is “Shelby County,” in which the “court” said the old Confederacy “had changed,’ therefore no need to restrict their attempts to rig voting. WITHIN 24 GHOURS !!!!!, Texas made them the fool, reinstating a previously held unconstitutional law; to be followed by other old Confederate states.
***”No man can put a chain around the ankle of his fellow man without at last finding the other end fastened around his own neck.” [Frederick Douglass}
C] RELIGION, this heretic “court,” in a long string of cases, has now created a class of SUPER CITIZENS. People, usually “conservative Christians,” now have the “right’ to ignore laws that other Americans must follow – simply by claiming their “religious rights were excessively burdened” [by having to do what other Americans are required to do !!!!!]. These SUPER CITIZENS now have the ‘right’ to have THEIR churches and schools financed by other American taxpayers; have a ‘right’ to discriminate. RELIGIOUS DOGMA has been made American law – a TOTAL VIOLATION of all 1636-2004 American laws, intent, beliefs.
***”Reynolds”, 1879: “..to permit this would be to make the professed doctrines of religious belief superior to the law of the land, and in effect permit every citizen to become a law unto himself.”
D]. MOBS, mob violence is now considered a major domestic terrorism threat. “U.S.Military chiefs assert American values – and a warning” [Martin Schram, 9/11/22]: Eight former defense secretaries and five former chairman of thee Joint chiefs of Staff, in an open letter, warned of possible future coup attempts.
“Guns doing the talking at protests” [Mike McIntire, 11/27/22]: “In June, armed demonstrations around the United States amounted to nearly one a day…Armed protestors use open-carry laws to intimidate opponents.”
Beginning in 2008, with “Heller,’ the heretic Roberts “court” upended over 200 years of understood law about guns in America, including 5 Supreme Court decisions. NEVER before, in English and American law, dating back over 700 years, had a “court” declared ordinary people had “rights” to carry guns in public.
*** “The world has never had a good definition of the word liberty, and the America people, just now, are in much want of one. We all declare for liberty; but in using the same word we do not all mean the same thing. With some the word liberty may mean for each man to do as he pleases with himself, and the product of his labor; while others with the same word may mean for some men to do as they please with other men, and the product of other men’s labor. Here are two, not only different, but incompatible things, called by the same name, liberty. And it follows each of these things is, by the respective parties, called by two different and incompatible names – liberty and tyranny.” {Abraham Lincoln]
7] The heretic Roberts “court” is illegitimate, ahistorical, unConstitutional, unAmerican, and VERY destructive. They have repeatedly violated, broken, destroyed. basic American principles, understood 1636-2004.
Can any “reasonable person” ignore their PATTERNS of “winners” and “losers,” the DAMAGE they have inflicted on America in the name of “law.” Should a “reasonable American” be entitled to ask what they have done is really “law”?
*** “Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for law.” [Justice Brandeis]
With Justice For All 