When Germany surrendered on May 8, 1945, it was actually a technical problem for International Law that until that date, Germany was, OFFICIALLY and TECHNICALLY, a free and democratic society.
Unlike Communist countries, the Nazis publically and officially denounced any pretense of democracy.
So how were they still an official democratic republic?
I enjoy the humor of it, though it was a serious problem at the time.
The Third Reich was still operating under the Weimar Constitution.
And not just “technically.”
The Weimar Constitution had a “state of emergency” clause.
And the state of emergency had no time limit. 
So Hitler took power under these constitutional emergency powers and was still operating under them when his government collapsed.
Hitler was Germany’s “Living Constitution.”
REALLY! If you read the Federalist Papers, you will find that the Founding Fathers never considered that the Judiciary would be allowed to do what we take for granted.
The judiciary will always be inferior to the other branches – “…the judiciary is beyond comparison the weakest of the three departments of power…as liberty can have nothing to fear from the judiciary alone…” Federalist 78.
But in our day we take it for granted that the current nine lawyers wearing black dresses IS “The Constitution of the United States of America.”
They are our Living Constitution, Our Fuhrers.
Because they say so.
As President I will immediately announce that they are NOT!
#1 by -backbaygrouch- on 10/13/2015 - 12:48 pm
The Supreme Court cannot be the ultimate authority on the Constitution because Power does not lie there. It cannot remove a President or a member of either House of Congress. But the Senate can remove a Justice. Therefore, the Senate is the ultimate authority as it can also remove a President. But Power is not only authority it is Will and the Senate is the World’s Most Exclusive Club of Cowards. It has no Will.
The most neglected phrase in the Constitution describes the term of a federal judge, “The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour…” Article III, Section 1, United States Constitution. The operative phrase is “during good Behaviour.”
Is it good Behaviour to misinterpret the Constitution or invent a “right” such as same sex marriage? It is a right so obvious that only graduates of Hahvahd Law School can see it. Ordinary peasants, such as 100% of thousands of generations of homo sapiens, never reached this elevated state of insight.
The “good Behaviour” requirement of judicial conduct is the standard around which the next President can rally a nation of slaves from their unnatural servitude to the high calling of Liberty.
#2 by Tom Bowie on 10/13/2015 - 4:19 pm
There are those who have power, and those who exercise power because they’re permitted to do so.
Nobody in modern times has told those who’ve exercised power NO.
If you’re White and Normal, the power is yours.
#3 by Henry Davenport on 10/14/2015 - 2:28 am
When I woke up one morning in 1954 the Constitution said there could be separate public schools for Blacks and Whites.
When I went to bed that night, the Constitution said there could NOT be separate public schools for Blacks and Whites.
#4 by Bob on 10/14/2015 - 9:29 am
Yes, HD, the 1954 decision reversed Plessy vs. Ferguson. 1896.
Even given that the court could clarify the meaning of the Constitution, how could it routinely reverse its own clarifications?
Hitler could do that, of course.
But reversal is not clarification.
And why does a new “interpretation” be accepted over the earlier one?
Because it is not interpretation, it is legislation, just as Hitler’s edicts were.
Two conflicting interpretations would be equally valid.
The Court doesn’t interpret, and no one thinks it does.
#5 by Henry Davenport on 10/15/2015 - 9:49 am
Bob, I remember what an eye-opener it was when I first listened to one of your porch talks that was on this topic…it must have been this early one:
May 14, 2005 – A “Living” Constitution = DICTATORSHIP
I hope you will feel like doing more audios…in this great one that I came across recently
Bob Whitaker Speech – Camp Comradery, California – June 2015*
in which I think you’re speaking to Laura, when you say “chasing…down….whites,” that reached much further into my bones than that understanding has before.
The whole deal somehow gets delivered when I hear you speak it.
*The first half of that video is Bob, the rest is AntiRacist Hitler.
#6 by Jason on 10/15/2015 - 7:47 am
This is one of those great articles such that all you can do is stand in awe and reflect on it.
#7 by Tom Bowie on 10/15/2015 - 2:33 pm
https://www.youtube.com/watch?v=Uf26DKntwzM&feature=youtu.be
The largest voting block of all awaits.