If you ask someone what is the highest court in the land. They will tell you the Supreme Court which isn't true. A Jury court or Grand Jury court has just as much if not more power to force or not enforce laws. Laws can be pass all day long but if we the people feel they are unconstitutional or cruel and unusual, we the people can throw the law out, rendering it null and void. That's the power we the people wield, but most jurors don't understand they hold this power. Being tried in front of your peers is what the Founders wanted and where the power was to be concentrated not within the federal courts. Neil
Timothy Baldwin
Tenth Amendment Center
August 24, 2009
We must not fear Sotamayor; rather, we should insist that she fear the states — and obey the Constitution.
Yes, yes, we have all heard the remarks from those who would call themselves conservative, libertarian or the like concerning the nomination and now swearing-in of Sonia Sotomayor to the United States Supreme Court, which took place on August 8, 2009.
Yes, yes, books have been written by those conservative and libertarian editorialists and authors who have explained to us that the United States Supreme Court (US S CT) is “out of control” and how we must elect “conservative” Presidents to appoint “conservative” judges. Ironically, this infatuation with the federal government, and specifically with the judicial branch of the federal government, has actually (at least in part) created the growing enslavement of the people of these States United.
Certainly we should care about who sits on the US S CT bench. However, the time has come in our Confederate Republic (the USA) to acknowledge and understand that the power to govern ourselves justly and constitutionally is in the hands of the people of the several states of America–NOT in the hands of the branches of federal government.
What most people in America have been duped to believe is that the US S CT is the final arbiter in all matters concerning government actions related to the US Constitution.
When it comes to US S CT rulings that contradict the US Constitution and that reject the historical facts and principles of our Republic, people feel hopeless and think that regaining freedom somehow means replacing the “liberal” judges with “conservative” judges. Such an approach to preserving freedom is not only un-American; it is fruitless and ineffectual. History now proves this.
Additionally, this approach proves that the vast majority of Americans have been indoctrinated into the centralist-ideology imposed on us by not-so-innocent advocates of such a political belief system.
Let me state this clearly: the US Constitution does not grant to the US S CT the power to interpret the Constitution in contradiction to the terms of the Constitution, and it does not strip the powers of the States to actively arrest and resist tyrannical federal actions. The US S CT can no more violate the Constitution than the Legislative and Executive branches can.
What sense does it make that the US S CT is bound by an oath to support and defend the Constitution and then has the power to interpret it however the heck they want to? Do you think our founders were so near-sighted and unlearned that they would have given to the US S CT this unchecked and unlimited power in the very document that states its purpose is “to secure the blessings of liberty”?
The framework of our Confederate Republic was clearly understood by those who advocated its ratification, namely, Alexander Hamilton, James Madison and John Jay: the writers of the Federalist Papers. These are the men who some today would argue advocated for a centralist government, reducing and eliminating the power of the states to resist and arrest federal usurpation of power.
Obviously, these advocates of centralism would not have you aware of what these founders said on the subject, nor would they like to admit that the US Constitution formed a league of states, which was acceded to by each independent and sovereign act of the states, and which secured the right and duty of the states to actively guard against the encroachments of the federal government they created for the security of the blessings of liberty.
It must first be admitted that the US Constitution never gave to the US S CT the power to substitute their will for the intentions of the Founders of the Constitution.
To suggest that the US S CT has the power to alter, change or amend the Constitution at will is to place the US S CT above the Constitution: they can no more do this than the legislative branch can pass an unconstitutional law and the executive branch can carry out an unconstitutional law. Or as Hamilton puts it, putting their will above the Constitution will “equally be the substitution of their pleasure to that of the legislative body.” Neither is acceptable and neither is constitutional.
Are the people of the states to sit back and let the federal government trample over the rights, principles and structure of our Confederate Republic? Is every State to shirk its responsibilities and duties to actively protect, preserve and defend the freedoms of its sovereign (the people of the State) against federal tyranny?
Are the people of the states to live and be governed in tyranny with the only hope that we will hopefully elect a President who will hopefully appoint a US S CT justice to the bench so that the Court can hopefully hear a case on the direct issue so that the Court will hopefully rule the correct way? Nonsense!
The time has come that the people of the several states of America wake up to the truth of their history: they are citizens of independent and sovereign states; the US S CT is NOT the final arbiter in matters of freedom; the federal government is not the source of our freedom; the states have the duty to resist the encroachments of federal usurpation; and freedom can be restored when the Confederate Republic is restored.
To that end, we must not fear Sotamayor; rather, we should insist that she fear the states–and obey the Constitution!
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