Saturday, May 3, 2014

Goldwater page 103

"[I]f the policy of the government upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties, in personal actions, the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal."-- Abraham Lincoln(1809-1865) 16th US PresidentSource: First Inaugural Address, March 4, 1861, Washington, D.C.
Permalink Reply by Mangus Colorado, Moderator on January 12, 2012 at 3:55pm
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 Mangus Colorado on December 22, 2011 at 4:20pm
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"We may safely rely on the disposition of the State legislaturesto erect barriers against the encroachments of the national authority."-- Alexander Hamilton(1757-1804)Source: The Federalist Papers Federalist No. 85
Mangus ColoradoPermalink Reply by Mangus Colorado on December 22, 2011 at 4:29pm
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"If it be admitted that a man, possessing absolute power, may misuse that power by wronging his adversaries, why should a majority not be liable to the same reproach? Men are not apt to change their character by agglomeration; nor does their patience in the presence of obstacles increase with the consciousness of their strength. And for these reasons I can never willingly invest any number of my fellow creatures with that unlimited authority which I should refuse to any one of them."-- Alexis de Tocqueville[Alexis Charles Henri Maurice Clerel, le Comte de Tocqueville] (1805-1859) French historian
Cindy Sue CauseyPermalink Reply by Cindy Sue Causey 15 hours ago
"General welfare" to these Fingertips implies.... overall national *structural*  health and stability, not social welfare programs.
Jon BrunkePermalink Reply by Jon Brunke 14 hours ago
Cindy,

Right you are.  The case for what was meant by "general welfare" is so incredibly clear it just drives me nuts that we have to spend so much time restating it.
Permalink Reply by Mangus Colorado, Moderator on January 11, 2012 at 2:46pm
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"[I]f the policy of the government upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties, in personal actions, the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal."-- Abraham Lincoln(1809-1865) 16th US PresidentSource: First Inaugural Address, March 4, 1861, Washington, D.C.http://quotes.liberty-tree.ca/quote_blog/Abraham.Lincoln.Quote.8EAA

"When courts fail to engage in oversight or even distort the Constitution to rationalize the ultra vires actions of government, and when academics and political activists aid and abet them in this activity by devising ingenious rationalizations for ignoring the Constitution’s words, they are playing a most dangerous game. For they are putting at risk the legitimacy of the lawmaking process and risking the permanent disaffection of significant segments of the people."-- Brannon P. DenningSource: Brannon P. Denning, And Randy Barnett, CantThe Simple Cite Be Trusted?: Lower Court Interpretations of United States V. Miller and the Second Amendment, 26 Cumb. L. Rev. 961-1004 (1996).http://quotes.liberty-tree.ca/quote_blog/Brannon.Denning.Quote.FBD9

"You seem ... to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps.... Their power [is] the more dangerous as they are in office for life, and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves."-- Thomas Jefferson(1743-1826), US Founding Father, drafted the Declaration of Independence, 3rd US PresidentSource: The Writings of Thomas Jefferson, Letter to William Jarvis (September 28, 1820).http://quotes.liberty-tree.ca/quote_blog/Thomas.Jefferson.Quote.0A9A
Permalink Reply by Mangus Colorado, Moderator on January 12, 2012 at 3:56pm
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Permalink Reply by Mangus Colorado, Moderator on January 12, 2012 at 3:56pm
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Permalink Reply by Mangus Colorado, Moderator on January 12, 2012 at 4:47pm
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The three who brought down Wall Street.  Here's a quick look into the three former Fannie Mae executives who brought down Wall Street.
Franklin Raines - was a Chairman and Chief Executive Officer at Fannie Mae.  Raines was forced to retire from his position with Fannie Mae when
auditing discovered severe irregularities in Fannie Mae's accounting activities. Raines left with a "golden parachute valued at $240 Million in benefits. The Government filed suit against Raines when the depth of the accounting scandal became clear.

Tim Howard - was the Chief Financial Officer of Fannie Mae. Howard "was a strong internal proponent of using accounting strategies that would ensure
a "stable pattern of earnings" at Fannie. Investigations by federal regulators and the company's board of directors since concluded that management did manipulate 1998 earnings to trigger bonuses. Raines and Howard resigned under pressure in late 2004. Howard's Golden Parachute was estimated at $20 Million!

Jim Johnson - A former executive at Lehman Brothers and who was later forced from his position as Fannie Mae CEO. Investigators found that
Fannie Mae had hidden a substantial amount of Johnson's 1998 compensation from the public, reporting that it was between $6 million and $7 million
when it fact it was $21 million." Johnson is currently under investigation for taking illegal loans from Countrywide while serving as CEO of Fannie
Mae. Johnson's Golden Parachute was estimated at $28 Million.
*****************************************************************************************
WHERE ARE THEY NOW?
FRANKLIN RAINES?Raines works for the Obama Campaign as his Chief Economic Advisor.
TIM HOWARD?Howard is a Chief Economic Advisor to Obama under Franklin Raines.
JIM JOHNSON?Johnson was hired as a Senior Obama Finance Advisor and was selected to run Obama's Vice Presidential Search Committee.

http://hennessysview.com/business/franklin-raines-criminal-enterprise-and-barack-obama-his-accomplice/
Kinda makes you sick to your stomach. Our government seems to be rotten to the core!
Are we stupid or what? Vote in 2012 it is the most important election of our lives!!
 
Permalink Reply by Mangus Colorado, Moderator on January 13, 2012 at 9:54am
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Our situation is not new.  Consider the follow old, but well informed advice.

First the situation:
“I see, as you do, and with the deepest affliction, the rapid strides with which the federal branch of our Government is advancing toward… the consolidation in itself of all powers… by constructions which, if legitimate, leave no limits to their power …what is our resource for the preservation of the Constitution? Reason and argument? You might as well reason and argue with the marble columns encircling them. The representatives chosen by ourselves? They are joined in the combination, some from incorrect views of government, some from corrupt ones, sufficient voting together to outnumber the sound parts…”

Now the solution:
“We must have patience and longer endurance then with our brethren while under delusion… keep ourselves in a situation to profit by the chapter of accident… be watchful to note every material usurpation of their rights; to denounce them as they occur in the most peremptory terms…”
Thomas Jefferson
December 26, 1825
Permalink Reply by Mangus Colorado, Moderator on January 15, 2012 at 4:12pm
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Mangus Colorado: The Court instead held that the provision of the Judiciary Act of 1789 that enabled Marbury to bring his claim to the Supreme Court was unconstitutional, because it purported to extend the Court's original jurisdiction beyond that which Article III established.

Thanks for the reference to the Judiciary Act of 1789.  As a side note to this thread, I've now got four references which indicate that the first several sessions of Congress, but also several of the early presidents, either did not fully understand, or possibly did not respect the Constitution.

More specifically, G. Washington signed Congress's bill for establishing a national bank into law regardless that Washington should have known, based on his attendance at the Constitutional Convention, that his fellow delegates to the Convention had rejected the idea of delegating banking powers to Congress.

Next, thanks to your reference to the Judiciary Act of 1789, G. Washington likewise unthinkingly signed that act  into law which evidently gave inferior courts powers which the SC later decided extended the Court's powers beyond those it was given in the Constitution.

Next, John Adams signed an immigration bill, "An act concerning aliens,"  into law, Thomas Jefferson subsequently ignoring the law, noting that  the states never delegated to Congress the specific power to regulate immigration.


Finally, even if G. Washington was snoozing during the debates at the CC, James Madison vetoed Congress's public works bill basically because the word "canals" didn't appear in Section 8, the delegates to the CC deciding not to grant Congress the power to make canals.


Although we cannot prove this by G. Washington or traitor A. Hamilton, you evidently had to be a delegate to the CC to be able to properly interpret the Constitution.  Sadly, the Keystone Kops aspect of the federal government goes back to the earliest congresses and presidents.  

What a mess! :^(
Permalink Reply by Mangus Colorado, Moderator on January 17, 2012 at 12:06pm
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Permalink Reply by Mangus Colorado, Moderator on January 20, 2012 at 3:06pm
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If you have an important point to make, don't try to be subtle or clever. Use a pile driver. Hit the point once. Then come back and hit it again. Then hit it a third time - a tremendous whack.
Winston Churchill

Permalink Reply by Mangus Colorado, Moderator on January 22, 2012 at 1:33pm
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Permalink Reply by Mangus Colorado, Moderator on January 22, 2012 at 2:49pm
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