Author Topic: John Taylor’s Forgotten Warning about Judges Rewriting the Constitution.  (Read 288 times)

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Online Bigun

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John Taylor’s Forgotten Warning about Judges Rewriting the Constitution.

“It is … the natural enemy of our home-bred form of government, and ought to awaken the resistance of all legislative and judicial departments, and the detestation of every person not enriched by this ruinous commerce.”

That warning came from John Taylor of Caroline over two centuries ago. The subject: What we now call “legislating from the bench.”

He wrote an entire book smacking down Chief Justice John Marshall, who followed Alexander Hamilton’s playbook to twist the necessary and proper clause into a blank check to justify creating a national bank.

Taylor saw exactly where this was heading. Judges rewriting the Constitution to create unlimited federal power.

CONSTRUCTION

In 1819, the Supreme Court handed down its opinion in McCulloch v Maryland. On the surface, it was about whether states could tax a bank. But John Taylor saw the con underneath. The Court had justified a national bank using powers the Constitution never delegated.

Taylor responded by publishing one of the most important and most forgotten books of the era: Construction Construed and Constitutions Vindicated. ...


Rest at headline link
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline Cyber Liberty

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A good read!  Thanks!
I don’t owe tolerance to people who disagree with my existence.
I will NOT comply.
 
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Online Bigun

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A good read!  Thanks!

You're very welcome! I suspect that very few will bother to read it.
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien


Online Bigun

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"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Online Free Vulcan

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And now the judges play the old two step - ever tilting their ruling left to give the govt more power, yet denying an opposition President powers that he actually has, because no Rat President will ever stop say illegal immigration, or the subsequent abuse and fraud of the social welfare system, or Rat election cheating, or take your pick.

What's worse is the activist collusion and coordination by the judges with the TRO's and stays and such are part of a grander strategy to delay and kick the can down the road in hopes a future Rat majority and presidency to swing policy back to the Biden era.

The Republic is lost.

Online Bigun

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And now the judges play the old two step - ever tilting their ruling left to give the govt more power, yet denying an opposition President powers that he actually has, because no Rat President will ever stop say illegal immigration, or the subsequent abuse and fraud of the social welfare system, or Rat election cheating, or take your pick.

What's worse is the activist collusion and coordination by the judges with the TRO's and stays and such are part of a grander strategy to delay and kick the can down the road in hopes a future Rat majority and presidency to swing policy back to the Biden era.

They want us as their serfs.
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline IsailedawayfromFR

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They want us as their serfs.
Didn't we fight a war about that same thing in the 18th century?
“You will never understand bureaucracies until you understand that for bureaucrats procedure is everything and outcomes are nothing.” Thomas Sowell

Online Fishrrman

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Bigun wrote:
"I suspect that very few will bother to read it."

Don't need to read it, because I already know what needs to be done.
We must reverse Marbury v. Madison, in its entirety.
Since Congress or the courts won't do this, the burden falls to the Executive -- to Mr. Trump.

Once more, I'll post this:
===============
There needs to be proclaimed (yes, proclaimed) "The Trump Doctrine" on the relationship between the Executive and the Judiciary.

It must re-define how much power the federal courts have to exercise against the president and his powers.

No individual federal judge anywhere should have the power to overturn executive action.
At the district court level, when and where federal/nationwide policies are impacted, judges should have no more power other than to issue an opinion (strictly an "opinion", not a "ruling").

It will be up to the president as to whether to accept or reject such an opinion.

If rejected, then it can be appealed upwards to the next level. The president should declare in his proclamation that only a judgment by the full appellate court (NOT a 3-judge panel) will be binding -- and ONLY within the confines of that district -- AGAIN, IF the president chooses to accept the ruling.

And after that, we're left with the U.S. Supreme Court. Of course, this is going to carry more weight, but I've come to the (very personal) conclusion that even the 9 justices in their black robes should not be entrusted to dictate final decisions before the American people.

Rather, in matters of national social and cultural importance, any U.S. Supreme Court decision should be "annullable-cancelable" by a vote of the U.S. Congress and Senate.

Frankly, I don't even trust most of our "elected leaders" (do YOU?).
I'd rather see such matters put up to a national vote -- much like the Swiss people do RIGHT NOW.
=================

Now that was easy enough, wasn't it...?

Offline Kamaji

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Nie mój cyrk, nie moje małpy

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