POC NL #29 – The Power to enforce the provisions of the 14th Amendment was not vested in the federal Judiciary –
this power was retained by Congress.
Section 5. of the 14th Amendment reads as follows:
“The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.”
Section 5 makes it clear that Congress retained the power to enforce the 14th Amendment through legislation if needed, and that is the way “We the people” ratified the amendment through our state legislatures.
This leaves no authority for the Judiciary to enforce the 14th Amendment by devising a scheme to void state sovereignty over religious matters by applying the “Bill of Rights” back against the states. This scheme is doubly in error, as the 14th Amendment was not written to deprive states of their sovereignty – it was only intended to assure the rights of those previously enslaved.
Our founders created limited powers for each branch of the federal government. They also created a system where one branch could place a check on the powers of another branch. These checks and powers were to be applied through our Constitution in a way that would create an effective governing body and still limit the federal government to those powers enumerated. This ingenious way of separating federal powers along with checks and balances is what has protected our rights and liberties, dampened government corruption, and resulted in the longest constitutional republic ever recorded in the annals of human history.
This system is worth whatever effort is required on our part as citizens to understand and retain!
A review of some of our founder’s more important fears, admonitions, ground rules and outright Constitutional restrictions are as follows:
- Jefferson: “…the germ of dissolution of our federal government is in the constitution of the federal Judiciary;…” 1
- Madison: "Were the power of judging joined with the legislative, ... life and liberty ... would be [in jeopardy] ... Were it joined to the executive power (the sword) the judge might behave with all the violence of an oppressor." 2
- Madison: "The judiciary [has] neither FORCE NOR WILL, merely judgment. … It can take no active resolution whatever." 3
- Hamilton: “The power of interpreting the laws, according to the spirit of the Constitution, will enable that court to mold them into any shape it thinks proper. …This is as unprecedented as it is dangerous … not a syllable in the proposed Constitution directly empowers the national courts to construe the laws according to the spirit of the Constitution.” 4
- Hamilton: National law supreme, “But it doesn't follow from this doctrine that acts of the [federal government] that are not among its constitutional powers … will become the supreme law of the land. These will be acts of usurpation and deserve to be treated as such. 5
- Hamilton: “... sovereign power hates control and looks with an evil eye on all external attempts to restrain it or direct its operations. … Its origin is the love of power. Power controlled or restrained is almost always the enemy of that power doing the controlling.” 6
- Hamilton: [An] important check on the judiciary - that one part of the legislative body can impeach judges and the other, try them [if they exceed their constitutional authority].” 7
- Hamilton: “[T]he future legislature of the United States will be able to overrule objectionable decisions just as the Parliament of Great Britain and the legislatures of the States do…The theory authorizes the revisal of a judicial sentence by a legislative act…” 8
- Article I, Section 1, of our Constitution, states:
“All legislative Powers herein granted shall be vested in a Congress of the United States, …” (emphasis added)
The above statements represent many of the core principles our freedoms depend upon.
Our Judiciary and Congress are ignoring every one – except possibility the love of power.
It is time “We the people” stand up and demand that all three branches of our federal government remain within the confines of their Constitutional authority and re-institute the checks and balances required to preserve our God given rights and liberties.
Our posterity deserves NO LESS!
1)-America’s God and Country, William J. Federer, Pg. 330
2)- Federalist Paper 47, Federalist Papers in Modern Language, pg. 198 - 199
3)- Fed. 78, pg. 314
4)- Fed. 81, pg. 326
5)- Fed. 33, pg. 128-129
6)- Fed. 15, pg. 66
7)- Fed. 81, pg. 328
8)- Fed. 81, pg. 327
The next few POC NL's will reveal the history of how the courts have been slowly usurping power through their own system of gradual Darwinian Evolutionary change - contrary to their Constitutional commission.
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