Archive for May 24th, 2012
The British Constitution is not written down. So it consists entirely of Statutes and interpretations.
So if all original copies of the original United States Constitution disappeared, would that have the slightest effect on the Constitution itself?
Of course not.
That makes it clear that the Constitution has nothing to do with a document. As with the British Constitution, what matters is its MEANING.
Today Americans say that the Supreme Court is the Constitution. In fact the current opinion of five of he nine members of the Court is the Constitution. This makes the Supreme Court the Supreme Branch of Government. When the Court rules, both the executive and legislative branches only exist to ENFORCE the Constitution, meaning the opinion of five members of the Supreme Court.
In 1803, when the Court began to assume its role in Constitution, most of the authors of the written document were still alive. The Federalist Papers barely mentioned the court, except to point out that it would be the weakest branch of the new government.
Today, your civics course refers to three COEQUAL Branches set up by the Founders, so that the fact that of what two of the Founders said about the Judicial Branch means nothing compared to Father Mommy Professor’s dictates.
In fact, when one Branch BECOMES the Constitution, those two Founders are even wronger.
Actually, each Branch has interpreted the Constitution. President Tyler said he only vetoed bills which he considered as violating the Constitutional power of Congress. When the Court decided that the Indians still owned a major part of Georgia, President Jackson vetoed the decision by refusing to enforce it.
The platform on which Lincoln won the election of 1860 had as its main plank a refusal to enforce the Dred Scot Decision. Article III requires Congress to limit the appellate powers of the Supreme Court.
In the case of secession the final decision was made by an fourth branch of the Federal Government, the armed forces.
And in the end it is this Fourth Branch which interprets and enforces the Law of truly unfortunate Lands. That is what a Constitution is meant to PREVENT.