By Dr. Brad Lyles M.D
SUPREMACY |
“When I use a word…it means just what I choose it to mean—neither more nor less.”—Humpty Dumpty , Alice in Wonderland
Pollution of the Constitution is crucial to the Left’s revolution.
The pollution of the Constitution began with merely a trickle of putrescent guile. It began with the bastardization of the Supremacy Clause in the early 1800s under Chief Justice John Marshall. The corruption of the Supremacy Clause legitimized every sin that followed.
Consequently, the Supremacy Clause is crucial to the Left’s contamination of the Constitution. Remarkably, however, the Clause is possessed of only few words—its meaning clear to anyone without a hidden agenda.
As it happens, all of the most important Articles and Amendments in the Constitution are written in plain language—most comprised of no more than a few sentences each. Admittedly, however, the bulk of the constitution is astonishingly tedious—fine print sort of stuff. For two hundred years the Left has manipulated this fact to miscast the important parts of the Constitution as impenetrable and tiresome. Understandably, no one takes a look. Understandably, then, no one is the wiser.
It is despairing to see how easily the
Left and its judicial minions have corrupted the Supremacy Clause, (and the rest of the Constitution) which declares, “This Constitution and the Laws of the U.S. which shall be made in Pursuance thereof…shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby…”
Note, the Constitution says nothing alleging the Supreme Court is “supreme”—only the Laws and the Constitution are “supreme.“Certainly, it does not allege or imply the Supreme Court is the final arbiter in determining the Constitutionality of a thing. Every “judge in every state shall be bound by"the Constitution and the Laws—not the rulings of a Supreme Court.
Who could know?
The Framers may have been rich white landowners, but they weren't idiots. They understood it was necessary the Supremacy Clause never grant ‘ultimate arbiter’ powers to a Supreme Court. This is understandable. To grant final authority on interpreting all the law of a nation to a small group of men and women—none elected—none realistically impeachable—none limited save by death, would be a ridiculous and shattering misinterpretation of the Constitution—a pestilential despoilment. The Framers understood a grant of such power ensured despotism. Lord Acton was right: “Power corrupts. Absolute power corrupts absolutely.”
This reasoning failed to persuade Chief Justice John Marshall in the earliest defining moment of his career in Marbury v. Madison (1803). His ruling established the Court’s presumed right of “judicial review"of legislation—determining whether legislation is “Constitutional"or whether it was not, whether it would be nullified by the Court, or not.
Unfortunately, as exemplified by Chief Justice John Roberts in 2012, the Court has since also presumed to determine whether or not legislation is “Constitutional,“and if it finds thusly, to consequently seal the matter from further judicial review—just as is the circumstance now, where further lawsuits are effectively disallowed in the matter of ObamaCare.
For too long the malignant misinterpretation of the Supremacy Clause has granted the Supreme Court unConstitutional powers, at times nearly absolute powers, and, lately powers to manufacture laws as well as interpret them. From 1803 to present, the Court has not been empowered by the Constitution. Instead, it has largely been powered by hubris.
LIVING
Since the 1920s an increasing number of legal scholars have declared the Constitution a “living and breathing document"and judicial re-interpretation of its plain language mandated by “changing times.“This is understandably dangerous when taken in context with its presumed right of judicial review, i.e. righteously pronouncing the final word on any law—whether any law is “Constitutional"or not—leaving the fox to guard the henhouse. The Constitution’s alleged “living and breathing"nature allows justices to discern whatever meaning they wish to discern, at any time and upon any fancy.
Clearly, this “living"movement has succeeded—every ruling of the Court represents not Constitutional interpretation but the political interpretation of the Court’s politically appointed justices. Significantly, decades of amazingly distorted interpretations of a “living"Constitution, served a crucial role in the Court’s final poisoning and destruction of the Constitution in 2012.
COMMERCE
Having succeeded in appointing itself the final arbiter of law in the U.S., some time later, the Supreme Court misinterpreted the Commerce Clause to mean (Wickard v. Filburn, 1942) the Federal Government had a right to intrude into every aspect of a Citizen’s life. This was quite a feat. The Commerce clause—its actual words—intended only that it serve as a foil to interstate tariffs and similar barriers to free trade between the states. Again, the Constitution, in this, was interpreted explicitly in contravention of its own plain language and counter to the Framers’ relentlessly documented intent.
PRIVACY
Prior to 1973, the Constitution suffered endless pollution, its basic theses and proscriptions adulterated again, and again, and again. From the Supremacy Clause to the General Welfare Clause, the Necessary and Proper Clause, the Enumeration of Powers (Article I, Section 8), the Commerce Clause, and most of the Amendments, the Left has contaminated or overturned almost everything in the Constitution clearly intended to protect individual rights. Yet, the Left never rests.
Prior to 1973, the Constitution had not been sufficiently polluted to legitimize the construction of Rights where none exist. In 1973, Roe v. Wade cured this inadequacy. The Roe v. Wade decision contrived a Right to Privacy, for which there is no textual or historical basis whatsoever in the Constitution.
The wheels of misinterpretation, mischaracterization, guile and deceit turn slowly—but they turn nonetheless. It required more than 200 years for our pristine Constitution to suffer sufficient pollution at the hands of the Left’s Revolution in order for its persecution to lead to its final execution.
ROBERTS
The foregoing pollution of the Constitution into complete dissolution merely presaged its ultimate evolution: Chief Justice of the Supreme Court, John Roberts, (June, 2012) not only misinterpreted the Constitution, misread it, and added to it, but brought the forces of destruction and putrefaction full circle. In his findings regarding ObamaCare, he laid claim to a different interpretation of the Framer’s intentions, previously understood to provide the Constitution as a bulwark protecting Citizens from government tyranny (Bill of Rights, Enumeration of Powers, etc.).
Instead, Roberts claimed the Framers meant none of this. Instead, he declared the Framers meant exactly that which conflicted with everything they'd included in the Constitution and everything they'd written about the Constitution.
Inexplicably, Justice Roberts found the Constitution to be a document compelling subjugation of the Citizen to the Federal Leviathan, subjugation of individual rights to government’s rights, subjugation for all time and without recourse. Justice Roberts polluted the Constitution so thoroughly that a document expressly forbidding tyranny - and enshrining individual rights - was now a document indelibly justifying tyranny and damning individual rights to hell.
One man, Justice Roberts, among 314 million men and women in these United States, chose to ignore every word in the Constitution, to ignore every communication of its Framers as to its intent, and to betray intellectual honesty. This one human being contrived to defile the Constitution on the basis of the Constitution, to contravene every element of its true nature, i.e. the safeguarding of individual rights to the People.
In so doing he extinguished the last best hope for freedom in the world—a Union of States having formed a national government to their service and service to the People. Instead, the States and People—in the space of a few days in the summer of 2012 - were become slaves to the interests of the Leviathan.
The Left has polluted the Constitution out of existence. Nothing remains of it save meaningless words and archaic phrases. Even Lake Superior fared better.
And all this in a world where the President is required to articulate an Oath to protect and defend the Constitution: “I will to the best of my Ability, preserve, protect and defend the Constitution of the United States.“Significantly, the Constitution’s oath required of the President specifies clearly that it is the Constitution, not the U.S., the President is required to protect. How odd this is - how quaint - how breathtakingly fundamental it is, however, to our continued existence. But, oaths are only oaths—to some. “In the place of judgment iniquity is there.”
Clearly, the Left has triumphed. Since 2012 the Constitution has been polluted into nothing more estimable than a rivulet of sewer swill.
The Constitution is dead. Yet, it is worse than dead. In 2012 it ceased to protect the People. Worse, however, in rising from the ashes, it was manifest not merely as an
absence of protection for the people. Instead, the revitalized Constitution became a palpable threat to the People.
God save us all.
No comments:
Post a Comment