What Happened To The Constitution

It doesn't hurt the carrer politicians cause any to shut out all but their own voices 60-90 days before an election. This is about the time most folks start listening to their hollow promises anyway.

BTW, Bush's record shows he had little to no concern for the constitution or our founding principles. Quite the opposite, like any other establishment lackey he showed nothing but contempt for both.

 

Why do you spend so much time here? Presumably you're describing yourself.

 

You expected to much from a corrupt court system then.

Whether you accept it or not doesn't change his record of contmept for the constitution and our founding principles.

 

The owners and operators of BB have given me permission to spend as much time as I like here. Seeing as how I follow the rules and have never been banned. :smilewinkgrin:

And, once in a great while I make some sense, or at least that's what I've been told.

 

>The Constitution says the power rests with the people and flows to the government, not the other way around.

Chief Justice John Marshall said, "The Constitution says what we say it says." Why did he say that? Because the Constitution plainly says that the Supremes have the last word. This is why we are ruled by case law.

In other words, it doesn't matter what anyone on this list thinks the Constitution "says."

 

Well, I'm a people and I say nuts to John Marshall! :tongue3:

John Marshall was Chief Justice at a time when Americans still strongly believed in individualism. Today it's generally assumed and believed that groups have rights that supersede the rights of the individuals who make them up. This of course fuels racisim and division which in turn gives the state an excuse to consolidate more power and control over everyone. You cannot protect the rights of any group by eroding the rights of the individual.

 

In other words you have nothing better to do. Get a life.

 

http://www.usconstitution.net/const.html#Article3

Section 1 - Judicial powers

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.

Section 2 - Trial by Jury, Original Jurisdiction, Jury Trials

(The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.) (This section in parentheses is modified by the 11th Amendment.)

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Section 3 - Treason Note

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

 

From http://classes.lls.edu/archive/manheimk/fedcts/echarts/11th-t.htm

Text Assist for
the 11th Amendment
11th Amendment
The Eleventh Amendment, ratified in 1795, states that the "judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State...".

The Amendment was passed as a reaction to Chisholm v. Georgia, 2 U.S (2 Dall.) 419, 1 L.Ed. 440 (1793), where the Supreme Court found that it had jurisdiction when the executor of a South Carolina estate brought an action to recover the debt the state of Georgia owed his decedent.

The amendment recognizes that states have a certain degree of sovereign immunity. They are not mere subordinates to the federal government but instead virtual quasi-sovereigns. While the original Constitution gave the Supreme Court jurisdiction over States when non-citizens brought actions against them, the 11th amendment was a legitimate change to the original Constitution, ratified by three-fourths of the states and binding as a limit on judicial power. Only future amendments could abrogate such constitutional sovereign immunity.

Originally the 11th Amendment only forbade actions by non-citizens against a defendant state. But Hans v. Louisiana, 134 U.S. 1, 10 S.Ct. 504, 33 L.Ed. 842 (1890) extended the doctrine of such sovereign immunity, holding that the 11th Amendment barred suit even by citizens of that defendant state. All private parties were subject to the amendment, although other states and the federal government could still bring actions against a state.

Where Federalism had created a tension between state and federal sovereignty, the 11th amendment had tried to resolve such tension in favor of the states. The result, however, was that states became virtually immune to federal law, since private parties could not sue. To avoid such problems, the Supreme Court eventually adopted the legal fiction of the Stripping Doctrine, which recognizes that private parties can sue state officers in their official capacity for injunctive relief.

"The judicial power"
Federal courts derive their power (jurisdiction) from Article III of our Constitution. That article creates one Supreme Court and such inferior federal courts (trial and intermediate appellate) as Congress ordains and establishes. The power exercised by federal courts is the "judicial power", the power to hear and decide "cases and controversies" within 9 enumerated areas. For a look at the structure of judicial power under Article III see the Article III flowchart. For the limits of federal jurisdiction, see the Justiciability flowchart.

The 11th Amendment does not touch on Legislative or Executive power, and states are not immune to their jurisdiction. Although the Supreme Court has never decided whether or not the 11th Amendment applies to suits against States in federal administrative courts (which do not formally exercise "judicial power"), basic principles of federalism and state sovereignty would suggest that States cannot be sued there either.

...of the United States...
By its terms, the 11th Amendment applies only to suits against States in federal courts. State courts can hear such cases, although the Supreme Court has found States not suable in state court under 42 U.S.C. § 1983 (but not on 11th Amendment grounds).

While the Supreme Court has never decided the issue, basic principles of federalism and state sovereignty would suggest States cannot be sued in federal administrative courts either (as they are federal bodies).

"...shall not be construed to extend..."
The 11th Amendment recognizes a degree of sovereign immunity on the parts of the States. States are immune to actions brought by citizens in federal courts against them. But while the 11th Amendment provides States with such immunity from the outset, States can choose to waive their immunity. In certain circumstances such a waiver must be unequivocally expressed, while in others mere litigation waiver will suffice (ie.the State chooses to remove the action from a state court to a federal court).

"...to any suit in law or equity..."
Nominally, the amendment provides immunity to States from actions in both law and equity (ie.from both money damages and injunctive relief). But with the advent of the Stripping Doctrine, which allows citizens to sue state officials, the federal courts have drawn a line between injunctive and monetary relief.

Courts are willing to allow actions against state officers because foreclosure of such actions would ensure that no method existed of allowing enforcement of federal laws against the states. But they uphold the legal fiction that state officers can be sued in their official capacity even though they supposedly acted outside their official authority only to the extent of providing injunctive relief. Private parties cannot sue state officers in their official capacity for monetary damages, as such money would in reality come from the State treasury (depriving the states, as such, of their sovereign immunity). However, private citizens can sue state officers in their official capacity for injunctive relief and also bring monetary damage actions against them in their individual capacity.

"...commenced or prosecuted against..."
While States have a degree of sovereign immunity (as quasi-sovereigns), and cannot be sued in federal courts, they themselves can choose to bring actions there.

Note that while the 11th Amendment gives States immunity from actions by private parties (ie.citizens and private corporations), other States and the United States itself can still sue a State in federal court.

"...one of the United States..."
A State is a broad body, with many agencies and departments. All such non-political subdivisions of a State are immune under the 11th Amendment. However, the Stripping Doctrine extends to them as well, and private parties can bring actions against the officers of a state agency.

The 11th Amendment does not give political subdivisions of a State, such as a municipality, sovereign immunity. Private parties can bring actions against cities and their agencies. To determine whether a particular agency is an arm of the state or municipality, the courts will look to state law. In bringing such actions one has to be careful because certain agencies act in one capacity as a state agency, and in another capacity as a municipal agency; they can only be sued in their capacity as a municipal body.

"...by Citizens of another State, or by Citizens or Subjects of any Foreign State.
On its face, the 11th Amendment allows a State immunity from actions by non-citizens and foreigners (nominally applied to diversity suits only, but now extended to federal question jurisdiction). However, the Supreme Court in Hans v. Louisiana, 134 U.S. 1, 10 S.Ct. 504, 33 L.Ed. 842 (1890) extended such sovereign immunity to actions brought by citizens of the defendant state as well. Now no citizen of the United States can sue a State. To ensure that States would not escape Federal law the courts created the Stripping Doctrine which allows citizens to bring actions against state officers in their official capacity for injunctive relief.

ALL KINDS of interesting stuff I never knew or forgot.
For example:

>No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

So much for confessions obtained in secret courts like GITMO! Anyway, apparently the Supremes de facto have the last word because Congress has never acted on the matter.