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Thread: Judicial Supremacy: How Did this Far-Fetched Claim Originate?

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    Founder's Club Member protias's Avatar
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    Judicial Supremacy: How Did this Far-Fetched Claim Originate?

    http://tenthamendmentcenter.com/2014...aim-originate/

    In an August 2010 paper for the Constitution Project titled “Judicial Supremacy: How Did this Far-Fetched Claim Originate?” (available to read in full below this article) constitutional scholar Louis Fisher launches an in-depth analysis of the Marbury decision and arrives at the same conclusion: Marshall never intended to assert absolute superiority of the Court. In fact, Fisher calls the notion “nonsense.”
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

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    Regular Member sudden valley gunner's Avatar
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    Along with that post I recommend reading Kevin Gutzman's Politically Incorrect Guide to the Constitution, it mostly talks about who destroyed it, yep the courts.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    Or in the words of Justice Hugo L Black

    " Recalling that it is a Constitution intended to endure for ages to come we also remember that the Founders wisely provided the means for that endurance; Changes in the Constitution, when thought necessary, are to be proposed by Congress or conventions and ratified by the states.The Founders gave no such amending power to this Court."

    My .02

    Best regards

    CCJ
    " I detest hypocrites and their Hypocrisy" I support Liberty for each, for all, and forever".
    Ask yourself, Do you own Yourself?

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    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by countryclubjoe View Post
    Or in the words of Justice Hugo L Black

    " Recalling that it is a Constitution intended to endure for ages to come we also remember that the Founders wisely provided the means for that endurance; Changes in the Constitution, when thought necessary, are to be proposed by Congress or conventions and ratified by the states.The Founders gave no such amending power to this Court."

    My .02

    Best regards

    CCJ
    Too bad the KKK man didn't live up to his own words.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    Quote Originally Posted by sudden valley gunner View Post
    Too bad the KKK man didn't live up to his own words.
    Hi SVG

    Justice Black's story is a good read. The KKK issue aside,chalk it off to youthful politically motivated ambition. I guess he righted his wrong a bit in United States v Price.

    Black was also a huge fan of John "Freeborn John" Lilburne. Which in turn makes Black a fan of mine. While he his not my favorite Justice of all time, I do have him in my top 14-15 Justices of the Supreme Court.

    Best regards SMV

    CCJ
    " I detest hypocrites and their Hypocrisy" I support Liberty for each, for all, and forever".
    Ask yourself, Do you own Yourself?

  6. #6
    Regular Member sudden valley gunner's Avatar
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    He was FDR's man that helped erase a lot of constitutional restraints upon the feds. His anti Catholicism (KKK thing) was part of his decisions dealing with schools, and the make believe "wall of separation" applying it to states.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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