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- 9. Restore the proper role of the judicial branch by using the clearly delineated powers available to the president and Congress to correct, limit, or replace judges who violate the Constitution.
In the last half-century, a political and activist judiciary has stepped far beyond its proper boundaries.
The time has come to reestablish a balance among the three branches of government according to the Constitution.
Article I of the Constitution covers the legislative branch, because the Founding Fathers
thought it would be closest to the people and therefore the strongest branch.
Article II concerns the Executive Branch because the Founding Fathers had lived through
an eight-year war with the British Empire and knew there were times when there would
have to be a strong executive and a competent Commander-in-Chief implementing the
law and defending the nation.
The Judicial Branch did not come until Article III because the Founders wanted it to be
the weakest of the three branches.
The Federalist Papers explicitly recognized that the Judicial Branch would be weaker
than the Legislative and Executive Branches. In Federalist 78, Alexander Hamilton wrote
reassuringly that the Judicial Branch would lose any confrontation with the two elected
branches: “the judiciary is beyond comparison the weakest of the three departments of power; that it can never attack with success either of the other two.”
The Founding Fathers felt strongly about limiting the power of judges because they had dealt with tyrannical and dictatorial British judges.
In fact, reforming the judiciary was second only to “no taxation without representation”
in the American colonists’ complaints about the British Empire prior to the revolution. A
number of the complaints in the Declaration of Independence relate to judges dictatorial
and illegal behavior.
Since the New Deal of the 1930s, however, the power of the American judiciary has increased exponentially at the expense of elected representatives of the people in the
other two branches. The judiciary began to act on the premise of “judicial supremacy,”
where courts not only review laws, but also actively seek to modify and create new law
from the bench. The result is that courts have become more politicized, intervening in
areas of American life never before imaginable.
There are clear legislative and executive remedies for courts and judges that violate their
oath of office, act beyond the judicial power, or otherwise act in a manner that violates
the Constitution, and these remedies have been used in the past.
For example, Thomas Jefferson and the new Congress abolished over half the federal
judgeships and reorganized the federal judiciary with their repeal of the Judiciary Act of
1801 and their passage of the Judiciary Act of 1802. Congress also has the power under
Article III of the Constitution to regulate the jurisdiction of the Supreme Court and other
federal courts.
I look forward to having a national conversation about a bill that will establish a constitutional framework for reigning in lawless judges, reestablishing a Constitutional balance among the three branches, and bringing the Courts back under the Constitution.
* * *
Gingrich, like any candidate, is responsible for what he says as much as what he doesn't say. Omission is part of the art of persuasion, an art in which Gingrich has shown some skill. It is not only appropriate but incumbent upon those who find errors in his reasoning, or dishonesty in his presentation, to come forward.
It's not much different, in fact, than reading and responding to posts on MinnPost.
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- “Those who seek absolute power, even though they seek it to do what they regard as good, are simply demanding the right to enforce their own version of heaven on earth. And let me remind you, they are the very ones who always create the most hellish tyrannies. Absolute power does corrupt, and those who seek it must be suspect and must be opposed. Their mistaken course stems from false notions of equality, ladies and gentlemen. Equality, rightly understood, as our founding fathers understood it, leads to liberty and to the emancipation of creative differences. Wrongly understood, as it has been so tragically in our time, it leads first to conformity and then to despotism. Fellow Republicans, it is the cause of Republicanism to resist concentrations of power, private or public, which enforce such conformity and inflict such despotism. It is the cause of Republicanism to ensure that power remains in the hands of the people. ”
― Barry Goldwater“Most Americans have no real understanding of the operation of the international money lenders. The accounts of the Federal Reserve System have never been audited. It operates outside the control of Congress and manipulates the credit of the United States”
― Barry Goldwater
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- Behold the rain which descends from heaven upon our vineyards, there it enters the roots of the vines, to be changed into wine, a constant proof that God loves us, and loves to see us happy.
Ben Franklin.
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The Federal Reserve Act of 1913 - A Legislative History
Part of LLSDC's Legislative Source Book and its
Legislative Histories of Selected U.S. Laws on the InternetCh. 6, 38 Stat. 251-275, Pub. L. No. 63-43, December 23, 1913
Guide to Legislative History of the Original Federal Reserve Act
Chronology Before 63rd Congress (1907-1913)
July 10, 1832 - President Andrew Jackson vetoes renewal of Second Bank of the United States
Oct. 1907 - Panic of 1907 (Wikipedia entry)
May 08, 1908 - Aldrich-Vreeland Act enacted; establishes National Monetary Commission
1909 - 1911 - National Monetary Commission publishes a series of 21 reports on banking
Jan. 08, 1912 - Final report of National Monetary Commission with recommendations& proposed draft bill, known as the Aldrich Plan, after its Chairman, Nelson Aldrich.
Jan. 11, 1912 - Aldrich bill introduced as S. 4431 by Sen. Burton, R-OH (no further action)
1912 - 1913 - House Subcommittee hearings held May thru February,chaired by Rep. Arsene Pujo, D-LA, on the "Money Trust Investgation "
Aug. 1912 - Democratic party approves platform opposing the "Aldrich bill for the establishmentof a central bank," but supports banking law reform
Nov. 1912 - Democratic Party sweeps the U.S. House, Senate, and White House,electing Woodrow Wilson as President
Jan - Feb 1913 - Hearings before a subcommittee of the House Banking and CurrencyCommittee, "Banking and Currency Reform "
Chronology in the 63rd Congress, 1st Session (1913)
Apr. 07, 1913 - Aldrich bill introduced as S. 7 by Sen. Lodge, R-MA (no further action)
Jun. 23, 1913 - Pres. Wilson addressed joint session of Congress on banking and currency reform.
Jun. 25, 1913 - H.R. 6454 & S. 2639 introduced by Rep. Carter Glass & Sen. Robert L. Owen- 1st official introduction of President Wilson's proposed Federal Reserve Act
Aug. 29, 1913 - H.R. 7837 introduced by Rep. Carter Glass, D-VA, chair of the HouseCommittee on Banking and Currency
Sep. 10, 1913 - H.R. 7837 reported, H. Rpt. 63-69, pp. 1-74 (Majority views - Rep. Glass)
Sep. 10, 1913 - H.R. 7837 as reported, H. Rpt. 63-69, pp. 111-132 (Appendices C & D - reserves)
Sep. 10, 1913 - H.R. 7837 reported H. Rpt. 63-69, pp. 133-166 (Minority views & Rep. Lindberg's)
Sep. 10 - 18, 1913 - H.R. 7837 considered on the House floor
Sep. 18, 1913 - H.R. 7837 passed by House - 287 yeas, 85 nays, 5 present, 55 not votingwith 26 announced pairs - v. 50 Cong. Rec. pp. 5127-5135
Sep. 2 - Oct. 27, 1913 - Hearings by the Senate Banking and Currency Committee chaired bySen. Robert L. Owen, D-OK. (Vol. II , Vol. III - Frank Vanderlip testimony)
Nov. 06, 1913 - Vanderlip persuades Senate Banking Cmte to adopt some of his plan - NYT
Nov. 20, 1913 - Senate Banking Committee deadlock, 6 to 6 (v. 50 CR 5950)
Nov. 22, 1913 - H.R. 7837 reported in disagreement. See (S. Rpt. 63-133, pp. 1-28 ) bySenate Banking and Currency Committee with views of Owen
Nov. 22, 1913 - Text of H.R. 7837 as proposed by Owen S. Rpt. 63-133 pp. 32-66 - Appendix
Nov. 22, 1913 - H.R. 7837 as proposed by Sen. Hitchcock S. Rpt. 63-133 Pt. 2, pp. 1-24- views of Sen. Gilbert Hitchcock, D-NE, and text of bill as proposed (Vanderlip plan)
Nov. 24, 1913 - S. Doc. 63-242 - Comparative Print of H.R. 7837 as passed by House;with Owen & Hitchcock amendments
Chronology in 63rd Congress, 2d Session (1913-1914)
Dec. 1 - 18, 1913 - H.R. 7837 (Owen substitute amdt) considered on Senate floor
Dec. 18, 1913 - Senate passed H.R. 7837 (v. 51 Cong. Rec. 1230) 54 yeas to 34 nays& 7 not voting. Bill includes Owen amendment as amended.
Dec. 20, 1913 - House voted to disagree to Senate amendment and send bill to conference
Dec. 22, 1913 - Conference Report submitted to Senate and House
Dec. 22, 1913 - S. Doc. 63-335 - Comparative Print of H.R. 7837 as passed by the House,the Senate, and the proposed Conference Report
Dec. 22, 1913 - Explanation of conf. rept. by Rep. Glass ( 51 Cong. Rec. A561 - A564)
Dec. 22, 1913 - House agreed to conference report on H.R. 7837 (v. 51 Cong. Rec. 1464) by298 yeas to 60 nays and 76 not voting but with 34 announced pairs
Dec. 23, 1913 - Senate agreed to conference report on H.R. 7837 (v. 51 Cong. Rec. 1487-88) by43 yeas to 25 nays and 27 not voting but with 13 announced pairs
Dec. 23, 1913 - President signs H.R. 7837, Pub. L. No. 63-43. See NYT article .
Apr. 10, 1914 - report of the Federal Reserve Bank Organization Committee (Documents )
Other Historical Resources
Aldrich Plan Compared with Glass Bill by Rep. S.D. Fess, R-OH, Sep. 18, 1913 - Cong. Rec. A282
Banking Reform - National Citizens' League For the Promotion of a Sound Banking System, 1912
Board of Governors of the Federal Reserve System: History, Membersh...,Congressional Research Service report - Feb. 9, 1995
Brief History of Central Banking in the United States by Edward Flaherty, PhD., 2003
Defects and Needs of Our Banking System by Paul Warburg, NY Times article, Jan. 6, 1907
The Federal Reserve Act of 1913: History and Digest by V. Gilmore Iden, 1914
Federal Reserve System - Its Purpose and Work - v. 99, Annals of the American Academy ofPolitical and Social Science, Jan. 1922
Historical Beginnings ... The Federal Reserve by Roger T. Johnson, Fed. Res. Bank of Boston, 1999
Paul Warburg's Crusade to Establish a Central Bank in the United St... by M. A. Whitehouse, 1989.Compiled by Rick McKinney, Assistant Law Librarian, Federal Reserve Board, Washington, DC. Last updated in August 2009
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Obsta principiis [resist the beginnings], nip the shoots of arbitrary power in the bud, is the only maxim which can ever preserve the liberties of any people.When the people give way, their deceivers, betrayers, and destroyers press upon them so fast that there is no resisting afterwards.The nature of the encroachment upon [the] American constitution is such, as to grow every day more and more encroaching. Like a cancer, it eats faster and faster every hour.The revenue creates pensioners, and the pensioners urge for more revenue. The people grow less steady spirited and virtuous, and the seekers more numerous and more corrupt, and every day encreases the circles of their dependants and expectants, until virtue, integrity, public spirit, simplicity, frugality, become the objects of ridicule and scorn, and vanity, luxury, foppery, selfishness, meanness, and downright venality, swallow up the whole society.
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- Thanks MC,Jefferson's notes were probably one of the first things I ever read after I began what the heck was going on in DC. I just downloaded and created a single, searchable PDF file of all the individual pages. Enjoy!
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- 10TH AMENDMENT ROB NATELSON
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- WILLIAM FRUTH ON ARTICLE V
Judge Thomas E. Brennan Part 2 | Article V Symposium | Cooley Law School
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Judge James L. Ryan Part 2 | Article V Symposium | Cooley Law School
SUPREME COURT WENT BAD UNDER IKE AND GOT WORSE
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