In the Supreme Court We Trust?

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by Dahni
© 2015, all rights reserved

 

To SCOTUS (Supreme Court of The United States)

I'm sorry, but I have never read this anywhere!

I’m sorry, but I have never read this anywhere!

Under ordinary occasions an image and a post such as this, would not have been necessary! But WE the people do NOT live under ordinary occasions, but under “EXTRAORDINARY ocassions! Your recent decisions involves much more than whether I disagree with them or not. It does not even matter if you rendered the correct judgment of each and every case. The two principle questions that anyone should ask are:

1. Do you have the authority to ‘interpret’ existing laws, rendering your verdicts as you deem appropriate?

2. Are these even Federal cases to begin with and should they ever have been brought before you?

But every one of you that has come to this court and has ever interpreted the law or has at least, never challenged the interpretation of your ‘lifelong’ appointments to this court, should ALL be removed from this court! The Constitution, a self-limiting document, neither gives you any authority to interpret any law nor gives you the right to hold your appointment for life! Words, directives and laws of the Constitution and the United States which are NOT in the language and wording of the document, does NOT mean that you can interpret them as you see fit, adding to the wording, directives and laws that are not contained therein. That responsibility lies with Congress and the people of the states. The processes of amending the Constitution are clearly stated with the Constitution!

You each swore an oath or affirmed upon your entering this sacred trust of the Peoples of the United States, as its servants, the following:

 

“I, _________, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as _________ under the Constitution and laws of the United States.  So help me God.” 

The revised Judicial Oath, found at 28 U. S. C. § 453

or

Upon occasion, appointees to the Supreme Court have taken a combined version of the two oaths, which reads:

 

“I, _________, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as _________ under the Constitution and laws of the United States; and that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter.  So help me God.”

 Combined Oath

 

You each are in violation of your oaths or affirmations and should be removed from the bench, according to The Constitution that you each have sworn or affirmed to uphold. You do not serve under, “good behavior!” You should all, every justice of the Supreme Court and ALL courts, be removed or impeached and then removed and replaced with those that will, uphold the Constitution of these United States of America!

 

“The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour…”

The Constitution, Article III, Section. 1.

Excuse me, were there any limits or a ‘lifetime job’ implied in the words—“good behaviour?” No, there were not! And to be fair, were there any words that suggest you could not keep your jobs, for life as long as you behaved good? No. But along these same lines, is there anything to suggest that a president could serve more than 1— four year term? No. But every president until Franklin Delano Roosevelt, served only 1-2 terms. The Constitution was amended after FDR served 12 years and 83 days and died while still in office. Had he lived, would he have completed 4 terms (of 4 years each or 16 years) or more?

Apparently, until 1933, every president understood as did the founders of our Constitution that as all branches of government were intended to be limited, so too were the terms of ‘service’ of those that served. Note the word “service,” it was never intended to be a career or a lifelong job. Apparently, the view of every founder and every president, for over 100 years before FDR and the Constitution was first ratified, just figured that a government of limits would include term limits!

It is interesting to note that in 1789, life expectancy was around 40 years of age. Today, the average is around 77. But in 1789, justices on average only served around 8 years. Today, the average is 20+ years with their appointments beginning around age 51. Congress too, should be limited in how long they are allowed to hold their positions.

True, there were no such term requirements for Supreme Court justices in the Constitution. There also, was no requirements to be a justice (law degree etc.), just an appointment by the president and a confirmation by the Senate. The founders having limited government to three branches as “checks and balances,” loosely wrote the Constitution for changes to be made in the future, for future needs. But the framework of limits and limitations is firmly established in the Constitution. I don’t know, maybe they believed people would just understand this and apply ‘common sense?’

What follows is what several of the founders had to say about limits and limitations.

“The powers properly belonging to one of the departments ought not to be directly and completely administered by either of the other departments. It is equally evident, that none of them ought to possess, directly or indirectly, an overruling influence over the others, in the administration of their respective powers. It will not be denied, that power is of an encroaching nature, and that it ought to be effectually restrained from passing the limits assigned to it. The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.”

James Madison

 

“A question arises whether all the powers of government, legislative, executive, and judicial, shall be left in this body? I think a people cannot be long free, nor ever happy, whose government is in one Assembly.”

John Adams

 

“Nothing in the Constitution has given [the judiciary] a right to decide for the Executive, more than to the executive to decide for them. Both magistracies are equally independent in the sphere of action assigned to them… the opinion which gives to the judges the right to decide what laws are constitutional, and what are not, not only for themselves in their own sphere of action, but for the Legislature & Executive also, in their spheres, would make the judiciary a despotic branch.”

Thomas Jefferson

 

[A] limited Constitution … can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing … To deny this would be to affirm … that men acting by virtue of powers may do not only what their powers do not authorize, but what they forbid.”

Alexander Hamilton

 

Ordinary occasions was then, but ever since 1861, the “extraordinary occasions” clause of the U.S. Constitution, having been, for the first time, invoked and never since cancelled, rescinded or overturned, WE the People remain under, “extraordinary occasions.”  The pure law (government – de jure), having been replaced by legal fiction (government – de facto), I suppose the supreme court (judiciary branch), congress (the legislative branch) and the executive branches of government, are pretty much free to do whatever they want, even at the expense of enslaving the very people it purports to serve and is supposed to serve. A majority of nine cannot be allowed the power to make decisions for the entire country! That responsibility lies with the individual states and the people respectively. And this remains equally true, for the executive and legislative branches.

But your power grab, your lifelong appointments, your deciding on what cases just four of you will hear, your ‘judicial reviews,’ your interpretations, your legislation from the bench, and your public policies were NEVER authorized by the Constitution and were no more intended in the Constitution than it would make any sense to, put a fox in charge of guarding the hen house!

If sufficient numbers of WE the People ever become knowledgeable of your intentional or unintended usurpation of Our Constitution, our Republic will be RESET, and you will be on notice to change or vacate your robes immediately or be impeached and forcibly removed from the Halls of Justice, you so unjustly, presently occupy.

Lady Justice is not so for her neutrality in dispense equal justice, but because the Judicial Branch has blinded her so that she cannot clearly see, what is going on

Lady Justice is not blind, for her neutrality in the dispense of equal justice,
but because the Judicial Branch has blinded her so that she cannot clearly see, what is going on

 

1 of We the People,

Dahni

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