Presentation is loading. Please wait.

Presentation is loading. Please wait.

The judiciary is beyond comparison the weakest of the three departments of power. No. 78.

Similar presentations


Presentation on theme: "The judiciary is beyond comparison the weakest of the three departments of power. No. 78."— Presentation transcript:

1

2

3

4

5 The judiciary is beyond comparison the weakest of the three departments of power. No. 78

6 a Bench

7 Sir William Blackstone (1723-1780)

8 Man as a creature must necessarily be subject to the laws of his Creator. This will of his maker is called the law of nature. No human laws are of any validity if contrary to this. Sir William Blackstone

9 A legislative majority may pass laws that contradict the natural law, but these no more deserve to be called laws than the rules a band of robbers might pass in their assembly. Cicero – 65 B.C.

10

11 President Bush answered a reporter on the question of the North American Union, saying: As to what kind of union might there be, I see one based upon… commitment to…democracy [and] rule of law. News Flash: March 23, 2005

12

13 Rule of Law Because the United States is a constitutional republic, both the people and their elected leaders observe the limitations imposed by a written Constitution which is solidly founded on the laws of Nature and of Natures God

14

15 Rule of Law Makers

16 Rule of Law makers Because the United States is a democracy, the majority of the people decide how our government will be organized and run. The people do this by electing repre- sentatives, and these men and wo- men then carry out the wishes of the people. Department of Army Field Manual June 1952 TNA June 30, 1986

17 How did we evolve from rule of law to the rule of law makers?

18 Is that you, Grandma?

19

20

21 I see no reason for attributing to man a significance different in kind from that which belongs to a baboon or a grain of sand. Justice Oliver Wendell Holmes

22

23 Liberty Forum Spring 2005 Beware of smooth talk!

24

25 Constitutions are utterly worthless to restrain the tyranny of governments, unless it be understood that the people will, by force, compel the government to keep within the constitutional limits.

26 Practically speaking, no government knows any limits to its power, except the endurance of the people. Page 19

27

28

29 Reading from The White Rose …Why do you allow these men who are in power to rob you step by step, openly and in secret, of one domain of your rights after another… Germany 1942 The Truth the Nazis Feared This is an excerpt from the third leaflet distributed by The White Rose in 1942: All ideal forms of government are utopias. A state cannot be constructed on a purely theoretical basis; rather, it must grow and ripen in the way an individual human being matures. But we must not forget that at the starting point of every civilization the state was already there in rudimentary form. The family is as old as man himself, and out of this initial bond man, endowed with reason, created for himself a state founded on justice, whose highest law was the common good. The state should exist as a parallel to the divine order, and the highest of all utopias, the civitas dei, is the model which in the end it should approximate…. Every individual human being has a claim to a useful and just state, a state which secures the freedom of the individual as well as the good of the whole. For according to Gods will, man is intended to pursue his natural goal, his earthly happiness, in self-reliance and self-chosen activity, freely and independently within the community of life and work of the nation. But our present state is the dictatorship of evil. Oh, weve known that for a long time, I hear you object, and it isnt necessary to bring that to our attention again. But I ask you, if you know that, why do you not bestir yourselves, why do you allow these men who are in power to rob you step by step, openly and in secret, of one domain of your rights after another, until one day nothing, nothing at all will be left but a mechanized state system presided over by criminals and drunks? Is your spirit already so crushed by abuse that you forget it is your right or rather your moral duty to eliminate this system?...Do not hide your cowardice behind a cloak of expediency, for with every new day that you hesitate, failing to oppose this offspring of Hell, your guilt, as in a parabolic curve, grows higher and higher. A glorious rose amidst the brambles: A 1941 photo shows then -19- year-old heroine Sophie Scholl two years before she was executed by guillotine for participation in The White Rose anti-Nazi resistance. The New American, April 3, 2006, Sophie Scholl: The Final Days The Truth the Nazis Feared This is an excerpt from the third leaflet distributed by The White Rose in 1942: All ideal forms of government are utopias. A state cannot be constructed on a purely theoretical basis; rather, it must grow and ripen in the way an individual human being matures. But we must not forget that at the starting point of every civilization the state was already there in rudimentary form. The family is as old as man himself, and out of this initial bond man, endowed with reason, created for himself a state founded on justice, whose highest law was the common good. The state should exist as a parallel to the divine order, and the highest of all utopias, the civitas dei, is the model which in the end it should approximate…. Every individual human being has a claim to a useful and just state, a state which secures the freedom of the individual as well as the good of the whole. For according to Gods will, man is intended to pursue his natural goal, his earthly happiness, in self-reliance and self-chosen activity, freely and independently within the community of life and work of the nation. But our present state is the dictatorship of evil. Oh, weve known that for a long time, I hear you object, and it isnt necessary to bring that to our attention again. But I ask you, if you know that, why do you not bestir yourselves, why do you allow these men who are in power to rob you step by step, openly and in secret, of one domain of your rights after another, until one day nothing, nothing at all will be left but a mechanized state system presided over by criminals and drunks? Is your spirit already so crushed by abuse that you forget it is your right or rather your moral duty to eliminate this system?...Do not hide your cowardice behind a cloak of expediency, for with every new day that you hesitate, failing to oppose this offspring of Hell, your guilt, as in a parabolic curve, grows higher and higher. A glorious rose amidst the brambles: A 1941 photo shows then -19- year-old heroine Sophie Scholl two years before she was executed by guillotine for participation in The White Rose anti-Nazi resistance. The New American, April 3, 2006, Sophie Scholl: The Final Days The Truth the Nazis Feared This is an excerpt from the third leaflet distributed by The White Rose in 1942: All ideal forms of government are utopias. A state cannot be constructed on a purely theoretical basis; rather, it must grow and ripen in the way an individual human being matures. But we must not forget that at the starting point of every civilization the state was already there in rudimentary form. The family is as old as man himself, and out of this initial bond man, endowed with reason, created for himself a state founded on justice, whose highest law was the common good. The state should exist as a parallel to the divine order, and the highest of all utopias, the civitas dei, is the model which in the end it should approximate…. Every individual human being has a claim to a useful and just state, a state which secures the freedom of the individual as well as the good of the whole. For according to Gods will, man is intended to pursue his natural goal, his earthly happiness, in self-reliance and self-chosen activity, freely and independently within the community of life and work of the nation. But our present state is the dictatorship of evil. Oh, weve known that for a long time, I hear you object, and it isnt necessary to bring that to our attention again. But I ask you, if you know that, why do you not bestir yourselves, why do you allow these men who are in power to rob you step by step, openly and in secret, of one domain of your rights after another, until one day nothing, nothing at all will be left but a mechanized state system presided over by criminals and drunks? Is your spirit already so crushed by abuse that you forget it is your right or rather your moral duty to eliminate this system?...Do not hide your cowardice behind a cloak of expediency, for with every new day that you hesitate, failing to oppose this offspring of Hell, your guilt, as in a parabolic curve, grows higher and higher. A glorious rose amidst the brambles: A 1941 photo shows then -19- year-old heroine Sophie Scholl two years before she was executed by guillotine for participation in The White Rose anti-Nazi resistance. The New American, April 3, 2006, Sophie Scholl: The Final Days The Truth the Nazis Feared This is an excerpt from the third leaflet distributed by The White Rose in 1942: All ideal forms of government are utopias. A state cannot be constructed on a purely theoretical basis; rather, it must grow and ripen in the way an individual human being matures. But we must not forget that at the starting point of every civilization the state was already there in rudimentary form. The family is as old as man himself, and out of this initial bond man, endowed with reason, created for himself a state founded on justice, whose highest law was the common good. The state should exist as a parallel to the divine order, and the highest of all utopias, the civitas dei, is the model which in the end it should approximate…. Every individual human being has a claim to a useful and just state, a state which secures the freedom of the individual as well as the good of the whole. For according to Gods will, man is intended to pursue his natural goal, his earthly happiness, in self-reliance and self-chosen activity, freely and independently within the community of life and work of the nation. But our present state is the dictatorship of evil. Oh, weve known that for a long time, I hear you object, and it isnt necessary to bring that to our attention again. But I ask you, if you know that, why do you not bestir yourselves, why do you allow these men who are in power to rob you step by step, openly and in secret, of one domain of your rights after another, until one day nothing, nothing at all will be left but a mechanized state system presided over by criminals and drunks? Is your spirit already so crushed by abuse that you forget it is your right or rather your moral duty to eliminate this system?...Do not hide your cowardice behind a cloak of expediency, for with every new day that you hesitate, failing to oppose this offspring of Hell, your guilt, as in a parabolic curve, grows higher and higher. A glorious rose amidst the brambles: A 1941 photo shows then -19- year-old heroine Sophie Scholl two years before she was executed by guillotine for participation in The White Rose anti-Nazi resistance. The New American, April 3, 2006, Sophie Scholl: The Final Days The Truth the Nazis Feared This is an excerpt from the third leaflet distributed by The White Rose in 1942: All ideal forms of government are utopias. A state cannot be constructed on a purely theoretical basis; rather, it must grow and ripen in the way an individual human being matures. But we must not forget that at the starting point of every civilization the state was already there in rudimentary form. The family is as old as man himself, and out of this initial bond man, endowed with reason, created for himself a state founded on justice, whose highest law was the common good. The state should exist as a parallel to the divine order, and the highest of all utopias, the civitas dei, is the model which in the end it should approximate…. Every individual human being has a claim to a useful and just state, a state which secures the freedom of the individual as well as the good of the whole. For according to Gods will, man is intended to pursue his natural goal, his earthly happiness, in self-reliance and self-chosen activity, freely and independently within the community of life and work of the nation. But our present state is the dictatorship of evil. Oh, weve known that for a long time, I hear you object, and it isnt necessary to bring that to our attention again. But I ask you, if you know that, why do you not bestir yourselves, why do you allow these men who are in power to rob you step by step, openly and in secret, of one domain of your rights after another, until one day nothing, nothing at all will be left but a mechanized state system presided over by criminals and drunks? Is your spirit already so crushed by abuse that you forget it is your right or rather your moral duty to eliminate this system?...Do not hide your cowardice behind a cloak of expediency, for with every new day that you hesitate, failing to oppose this offspring of Hell, your guilt, as in a parabolic curve, grows higher and higher. A glorious rose amidst the brambles: A 1941 photo shows then -19- year-old heroine Sophie Scholl two years before she was executed by guillotine for participation in The White Rose anti-Nazi resistance. The New American, April 3, 2006, Sophie Scholl: The Final Days The Truth the Nazis Feared This is an excerpt from the third leaflet distributed by The White Rose in 1942: All ideal forms of government are utopias. A state cannot be constructed on a purely theoretical basis; rather, it must grow and ripen in the way an individual human being matures. But we must not forget that at the starting point of every civilization the state was already there in rudimentary form. The family is as old as man himself, and out of this initial bond man, endowed with reason, created for himself a state founded on justice, whose highest law was the common good. The state should exist as a parallel to the divine order, and the highest of all utopias, the civitas dei, is the model which in the end it should approximate…. Every individual human being has a claim to a useful and just state, a state which secures the freedom of the individual as well as the good of the whole. For according to Gods will, man is intended to pursue his natural goal, his earthly happiness, in self-reliance and self-chosen activity, freely and independently within the community of life and work of the nation. But our present state is the dictatorship of evil. Oh, weve known that for a long time, I hear you object, and it isnt necessary to bring that to our attention again. But I ask you, if you know that, why do you not bestir yourselves, why do you allow these men who are in power to rob you step by step, openly and in secret, of one domain of your rights after another, until one day nothing, nothing at all will be left but a mechanized state system presided over by criminals and drunks? Is your spirit already so crushed by abuse that you forget it is your right or rather your moral duty to eliminate this system?...Do not hide your cowardice behind a cloak of expediency, for with every new day that you hesitate, failing to oppose this offspring of Hell, your guilt, as in a parabolic curve, grows higher and higher. A glorious rose amidst the brambles: A 1941 photo shows then -19- year-old heroine Sophie Scholl two years before she was executed by guillotine for participation in The White Rose anti-Nazi resistance. The New American, April 3, 2006, Sophie Scholl: The Final Days The Truth the Nazis Feared This is an excerpt from the third leaflet distributed by The White Rose in 1942: All ideal forms of government are utopias. A state cannot be constructed on a purely theoretical basis; rather, it must grow and ripen in the way an individual human being matures. But we must not forget that at the starting point of every civilization the state was already there in rudimentary form. The family is as old as man himself, and out of this initial bond man, endowed with reason, created for himself a state founded on justice, whose highest law was the common good. The state should exist as a parallel to the divine order, and the highest of all utopias, the civitas dei, is the model which in the end it should approximate…. Every individual human being has a claim to a useful and just state, a state which secures the freedom of the individual as well as the good of the whole. For according to Gods will, man is intended to pursue his natural goal, his earthly happiness, in self-reliance and self-chosen activity, freely and independently within the community of life and work of the nation. But our present state is the dictatorship of evil. Oh, weve known that for a long time, I hear you object, and it isnt necessary to bring that to our attention again. But I ask you, if you know that, why do you not bestir yourselves, why do you allow these men who are in power to rob you step by step, openly and in secret, of one domain of your rights after another, until one day nothing, nothing at all will be left but a mechanized state system presided over by criminals and drunks? Is your spirit already so crushed by abuse that you forget it is your right or rather your moral duty to eliminate this system?...Do not hide your cowardice behind a cloak of expediency, for with every new day that you hesitate, failing to oppose this offspring of Hell, your guilt, as in a parabolic curve, grows higher and higher. A glorious rose amidst the brambles: A 1941 photo shows then -19- year-old heroine Sophie Scholl two years before she was executed by guillotine for participation in The White Rose anti-Nazi resistance. The New American, April 3, 2006, Sophie Scholl: The Final Days The Truth the Nazis Feared This is an excerpt from the third leaflet distributed by The White Rose in 1942: All ideal forms of government are utopias. A state cannot be constructed on a purely theoretical basis; rather, it must grow and ripen in the way an individual human being matures. But we must not forget that at the starting point of every civilization the state was already there in rudimentary form. The family is as old as man himself, and out of this initial bond man, endowed with reason, created for himself a state founded on justice, whose highest law was the common good. The state should exist as a parallel to the divine order, and the highest of all utopias, the civitas dei, is the model which in the end it should approximate…. Every individual human being has a claim to a useful and just state, a state which secures the freedom of the individual as well as the good of the whole. For according to Gods will, man is intended to pursue his natural goal, his earthly happiness, in self-reliance and self-chosen activity, freely and independently within the community of life and work of the nation. But our present state is the dictatorship of evil. Oh, weve known that for a long time, I hear you object, and it isnt necessary to bring that to our attention again. But I ask you, if you know that, why do you not bestir yourselves, why do you allow these men who are in power to rob you step by step, openly and in secret, of one domain of your rights after another, until one day nothing, nothing at all will be left but a mechanized state system presided over by criminals and drunks? Is your spirit already so crushed by abuse that you forget it is your right or rather your moral duty to eliminate this system?...Do not hide your cowardice behind a cloak of expediency, for with every new day that you hesitate, failing to oppose this offspring of Hell, your guilt, as in a parabolic curve, grows higher and higher. A glorious rose amidst the brambles: A 1941 photo shows then -19- year-old heroine Sophie Scholl two years before she was executed by guillotine for participation in The White Rose anti-Nazi resistance. The New American, April 3, 2006, Sophie Scholl: The Final Days

30 John Marshall Chief Justice of the United States Supreme Court 1801 to 1835

31 The Doctrine of Judicial Review Power assumed by Justice John Marshall in the 1803 case of Marbury v. Madison whereby the court could invalidate statutes of Congress based upon the courts viewpoint of original understanding of the Constitution

32 True or False: The Supreme Court has the final authority to interpret the mean- ing of the Constitution and determine if the law is being applied correctly and fairly. Page 30, January 2006

33

34 The Fact of Legislative Supremacy Or in other words, the legislature has power over the executive and judicial branches. a. Congress controls the purse strings b. Congress has the power to create federal courts and hence the power to abolish them. c. Congress has the power to restrict appeals to the Supreme Court d. Congress can impeach rogue justices

35 On Restricting Appeals to the Supreme Court Article III, Section 2 The Supreme Court shall have appellate Jurisdiction… with such Exceptions, and under such Regulations as the Congress shall make.

36

37 Pledge Protection Act of 2004: HR 2028 (passed 247-173) No court created by Act of Congress shall have jurisdiction, and the Supreme Court shall have no appellate jurisdiction, to hear or decide cases pertaining to the Pledge of Allegiance. TNA October 18, 2004 p 44

38

39

40

41

42 The Tempting of America: page 300 How should a judge go about finding the law?

43 What does it mean to be bound by oath to support this Constitution? Page 174

44 1996

45 the Constitution is simply gone. Lawrence v. Texas 2003

46 Where did the Constitution go? As Joseph Sobran put it in his excellent essay, How Tyranny Came to America: The United States Constitution poses no serious threat to our form of government today.

47

48

49 ACLU founded 1920 Roger Baldwin: –Socialist –Goals: destroy Christianity and capitalism –Four Communist on the founding board –Organizations in league with the ACLU: People for the American Way National Education Association TNA February 6, 2006 p31

50 Felix Frankfurter Co-founder of the American Civil Liberties Union 1920 Supreme Court Justice 1939-62

51 Ruth Bader Ginsberg 1993- General Counsel of the ACLU from 1973- 1980 Served on Board of Directors

52 Ruth Bader Ginsberg 1993- Director of the Womens Rights Project during the 1970s for the American Civil Liberties Union

53 American Civil Liberties Union The pure version of intellectual class leftishness… Robert Bork, Slouching p. 97

54

55

56

57

58 Fourteenth Amendment 1.Designed to constitutionalize the civil rights act of 1866

59 Fourteenth Amendment 1.Designed to constitutionalize the civil rights act of 1866 2. Designed to shield blacks from violence and oppression, discriminatory laws and law enforcement

60 Fourteenth Amendment 1.Designed to constitutionalize the civil rights act of 1866 2. Designed to shield blacks from violence and oppression, discriminatory laws and law enforcement 3. Designed to protect fundamental rights, NOT to provide political or social equality

61 Fourteenth Amendment 1.Designed to constitutionalize the civil rights act of 1866 2. Designed to shield blacks from violence and oppression, discriminatory laws and law enforcement 3. Designed to protect fundamental rights, NOT to provide political or social equality 4. Blacks should be immune from obligations, duties, pains and penalties from which other citizens are immune

62 Fourteenth Amendment The Warren Court revised the Fourteenth Amendment to mean exactly the opposite of what its framers designed it to mean, namely to leave suffrage and segregation beyond federal control, to leave it with the States. Where control over internal, domestic matters resided from the beginning. R. Berger p. 245

63 …a hellish interpretation of the Fourteenth Amendment.

64

65 Roe v. Wade War on the Unborn 1973 Criminalizing abortion violates a womens right to privacy as guaranteed in the due process clause of the 14 th amendment

66 American War Casualties War on the Unborn Each cross represents 25,000 babies murdered since abortion was legalized

67

68 Judicial review out of control: Roe v. Wade is an improvident and extravagant exercise of the power of judicial review. Chief Justice William H. Rhenquist 1973

69 It is irrelevant what other countries think. Judges should look only to U.S. and British colonial precedents to interpret the U. S. Constitution. Stormer 139-142 Justice Antonin Scalia

70 Roper v. Simmons 5-4 The death penalty for anyone under 18 years of age is unconstitutional. TNA April 4, 2005

71 Nothing stands behind the Courts assertion that governmental affirm- ation of the societys belief in God is unconsti- tutional except the Courts own say so, citing as sup- port only the unsubstan- tiated say-so of earlier Courts going back no farther than the mid-20 th century. Stormer, page 116 Justice Antonin Scalia

72 No person should be nominated or confirmed who does not display both a grasp of and devotion to the philosophy of original understanding. The Tempting of America page 9

73 Understanding where we once were and how we have gotten to where we are today, can be used to bring America back to again being truly One nation under God.

74 Know Your Liberty Series Next Months Class: March 3, Salt Lake City County Commission Chambers, 7:00 pm # 1 March 24, Layton City Hall, 7:00 pm # 3 libertyandlearning.com calendar

75 intermission

76 For God, Family and the Republic

77

78 Five crucial questions to be asked of all Supreme Court nominees: to honor the legacy and memory of William Rhenquist 1.Do basic human rights come only from government or are they rooted in something that transcends government?

79 Five crucial questions to be asked of all Supreme Court nominees: 2. Is mans inherent human nature fixed or does raw political power determine who is and is not a member of the human family?

80 Five crucial questions to be asked of all Supreme Court nominees: 3. Is law merely the construct of jurists and lawmakers or is it based on first principles of morals and justice?

81 Five crucial questions to be asked of all Supreme Court nominees: 4. Is the proper role of the judiciary to restrain/limit itself to interpreting law or does it possess de facto legislative powers?

82 Five crucial questions to be asked of all Supreme Court nominees: 5. Should the judiciary share power equally with the other two branches of government (the legislative and the executive) or should its powers transcend them?

83

84

85

86 The Doctrine of Interposition Interposition is an official act on the part of a State government to question the constitutionality of a policy established by the central government. Liberty Forum, Winter 2006, Page 9

87 The Doctrine of Interposition Interposition is not Secession – it is sound contract theory that requires both parties, the Federal and the State, to obey the terms of the contract.

88

89

90

91 W. Cleon Skousen

92

93

94

95

96

97

98

99

100

101

102

103

104

105

106

107

108

109

110

111

112 The Supreme Court

113

114 The courts were to interpret, not create the law. The American Supreme Court has largely obliterated the independent authority of state governments. The public is massively uninformed about both law and judges. 1998

115


Download ppt "The judiciary is beyond comparison the weakest of the three departments of power. No. 78."

Similar presentations


Ads by Google