1
Joseph Story, in 1833, published his book “Commentaries on the Constitution..” 1833 marks the decline of the USA
Story encourages a broad reading of the Constitution with the freedom of the judiciary to rule based on the times of the present day
Joseph Story, in 1833, published his book “Commentaries on the Constitution..” 1833 marks the decline of the USA
Story encourages a broad reading of the Constitution with the freedom of the judiciary to rule based on the times of the present day
2 ORIGINALISM is the counter to Story - reviewing how the ratifying conventions convinced the PEOPLE what the Constitution meant back then... Fortunately these records of the conventions and debates exist so we KNOW how the Constitution should be interpreted
3.
Unfortunately what is taught in Law School is JOSEPH STORY
Even if you do take Constitutional Law in law school, this doesn’t mean you’ll actually learn the Constitution. You will learn PRECEDENT.
Unfortunately what is taught in Law School is JOSEPH STORY
Even if you do take Constitutional Law in law school, this doesn’t mean you’ll actually learn the Constitution. You will learn PRECEDENT.
4
Precedent means that JUDGES know more about the Constitution than the men who wrote it.
Our law students learn that precedent is superior to the Supreme Law.
Precedent means that JUDGES know more about the Constitution than the men who wrote it.
Our law students learn that precedent is superior to the Supreme Law.
5
Jefferson in 1821 on Judicial Supremacy:
“It has long however been my opinion, and I have never shrunk from its expression,... that the germ of dissolution of our federal government is in the constitution of the federal judiciary; an irresponsible body,..
Jefferson in 1821 on Judicial Supremacy:
“It has long however been my opinion, and I have never shrunk from its expression,... that the germ of dissolution of our federal government is in the constitution of the federal judiciary; an irresponsible body,..
6
“...(for impeachment is scarcely a scare-crow) working like gravity by night and by day, gaining a little to-day & a little tomorrow, and advancing it’s noiseless step like a thief, over the field of jurisdiction, ...
“...(for impeachment is scarcely a scare-crow) working like gravity by night and by day, gaining a little to-day & a little tomorrow, and advancing it’s noiseless step like a thief, over the field of jurisdiction, ...
7
“...until all shall be usurped from the states, & the government of all be consolidated into one.”
Just as Jefferson feared, Supreme Courts have authorized the power of lawmaking through the sanction of federal regulations.
“...until all shall be usurped from the states, & the government of all be consolidated into one.”
Just as Jefferson feared, Supreme Courts have authorized the power of lawmaking through the sanction of federal regulations.
8
Judges have upheld the authority of unconstitutional regulatory agencies who in turn usurp the power of the States. The courts usurp the power of the States by sanctioning the federal government’s control over powers reserved to the States.
Judges have upheld the authority of unconstitutional regulatory agencies who in turn usurp the power of the States. The courts usurp the power of the States by sanctioning the federal government’s control over powers reserved to the States.
9
Madison on court-sanctioned expansion of federal authority:
“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which remain in the State governments are numerous and indefinite…
Madison on court-sanctioned expansion of federal authority:
“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which remain in the State governments are numerous and indefinite…
10
“...(federal powers) will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which the last the power of taxation will, for the most part, be connected…
“...(federal powers) will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which the last the power of taxation will, for the most part, be connected…
11
“..The powers reserved to the Several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement and prosperity of the State.”
“..The powers reserved to the Several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement and prosperity of the State.”
12
Madison makes it very clear that “external” are the powers delegated to the federal government and everything else not expressly delegated remains in the hands of the people through their States.
Madison makes it very clear that “external” are the powers delegated to the federal government and everything else not expressly delegated remains in the hands of the people through their States.
13
Unless the States regain control, law schools will continue to avoid teaching the meaning of the Constitution, and instead will cause us to follow Joseph Story blindly to Hell
Unless the States regain control, law schools will continue to avoid teaching the meaning of the Constitution, and instead will cause us to follow Joseph Story blindly to Hell
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