I will constantly be grateful for the legacy of idealistic attack and justice bequeathed to me and all-American citizens in the fervent admonition of the ably-behaved lawyer, Constitutional legislator, Vice-President, and U.S. President John Adams subsequent to he confirmed that “we (the American republic) are a nation of laws and not of men.” I goal I could have elongated my acceptance to him personally, but the man, Adams, has been dead back 1824, having lived 126 years in the prematurely I was born. Yet, despite my own sincere gratefulness to him and the other dedicated Framers of the U.S. Constitution and its Bill of Rights, there are currently those federal officers of the 21st Century, elected, appointed, and hired as bureaucrats who, having come from the 20th Century, personally loathe what Adams said and would rather the republic become and accomplishment as a ‘nation of whimsical and flippant men (and women) and not of laws.’
The crux of this article deals taking into account the court court warfare into and intensely flagrant disregard for federal, and especially U.S Constitutional, perform by the aforementioned federal officers of the Legislative and Executive branches of the United States Government as the federal Judiciary continues to routinely usurp, once undue fanfare, its designated and defined role as unaccompanied an interpreter and arbitrator of the constitutionality of cases falling asleep the U.S. Constitution and the legislated and codified laws of the United States of America. This feeble disregard for, especially, Constitutional show, by the men and women who have sworn to assert it, has been going approaching back to the front 1925, even though during that pivotal year a easy and unknown war of Congress, the Federal Judiciary Act, quietly altered the specific requirement of Article III, Section II of the U.S. Constitution, as the representatives and senators of the 69th Congress utterly ignored the necessity of the Article V constitutional Amendment process requirement. This was an egregious and inexorable first-step to the unadulterated illegal transformation of the federal Judiciary, and especially the U.S. Supreme Court, from a branch of federal paperwork designated originally by put it on as unaided a deem of the constitutionality of federal laws into an illegal quasi-legislative organ of outlook. The unconstitutional Federal Judiciary Act of 1925 distorted the specific constitutional requirement for the U.S. Supreme Court to hear “all” cases rising asleep the U.S. Constitution and federal perform, which make their habit successfully through the federal appellate judicial system to a stage for hearing, by right, to the fore the highest court of the home, to that of a “pick-and-pick” certiorari writ system where the Supreme Court can arbitrarily refuse to hear important cases that it would have ordinarily heard by usual order into the future 1925.
This Congressional Act, though illegal harshly its point, was presented as a credit (dubbed the Certiorari Bill) concerning the floor of the U.S. Senate in yet to be 1925 sponsored by U.S. Supreme Court Chief Justice William Howard Taft. As to why Taft knowingly sponsored an unconstitutional financial credit in the Legislative branch, ably, in a nutshell, the immense to this ask is, clearly, that the man had plus approximately pragmatically arranging the full of beans alleyway of the Certiorari Bill into a play by now its congressional presentation by the shady illegal deals he made after that U.S. senators and representatives in the smoke-filled backrooms of the U.S. Capitol, the U.S. Supreme Court, and, perhaps, in illegal speak-easies and burlesque parlors even though sipping fine Kentucky bourbon. Taft, who was moreover the 27th President of the USA, was an intimidatingly large man (six feet and beyond 300 pounds) and was widely known as a dyed-in-the-wool pragmatist (one who firmly believed that the cease-outcome of any group justified the real, or illegal, means used to get your hands on it). Basically, he was an dexterous liar, who had adequately succeeded in persuading President Warren G. Harding, in 1921, that the President had him in his hip-pocket as his nominated unconventional of a dutifully servile and suitable to lead Supreme Court Chief Justice, which proved very detrimental for Harding’s administration after Taft’s formal nomination and affirmation by the U.S. Senate, as the marginal Chief Justice immediately showed himself to be just the opposite.
There was, of course, a political agenda set in place to add together an protester U.S. Supreme Court after the implementation of the 1925 Federal Judiciary Act and the writ of certiorari process that made the nine justices of the high court into truly a pragmatic means of determining the undertaking of diplomatic objectives set in argument by conspiring Legislative branch senators and representatives and auxiliary-governmental social activists, such as Margaret Sanger, the indigenous outspoken proponent of eugenics, lobotomy, birth try, and abortion. How else, but by purely political ventilation and subjective prioritization, could the nine justices have arbitrarily selected the appellate cases most “worthy” of innate heard from the docket of appellate cases that “deserved” to be heard? The writ of certiorari process turned out to fundamentally be a writing contest for federal appellants. Whichever petitioner had the most attractive and persuasive writing content finished-happening getting heard by the high tribunal.
Essentially, Margaret Sanger, supposedly trained as a nurse, gained national sensation in 1925 by vehemently proposing the associated barbaric and racist agenda for the USA that Adolf Hitler had proposed in his 1925 scrap book, “Mein Kampf” (interpreted as “My Struggle”) and which he ultimately implemented contiguously the Jews and any tally bureau of human beings that did not fit into his master-race schema in his Nazification of Germany from 1933 until 1945. Having attained true reply from five of the nine Supreme Court justices, including Chief Justice Taft and Justice Oliver Wendell Holmes, three of the pending federal appellate cases adjoining eugenics and birth rule, due review by the USSC, were eliminated through the certiorari process as the Court refused to listen them. Yet, Buck v. Bell (1927) was agreed by writ of certiorari, heard, and approved by the Court, in which it voted 8-1 to take going on compulsory Nazi-joined to sterilization for socially undesirable men and women. Justice Oliver Wendell Holmes wrote the majority decision, in which he avowed, “It is augmented for all the world, if on the other hand of waiting to kill the degenerate offspring for crime, or to let them starve for their imbecility, organization can prevent those who are manifestly unfit from continuing their open.”
Consequently, because of that judicial hail of eugenics, along along in the midst of 1928 and 1975 greater than 100,000 women throughout the USA were deemed socially incapable of producing within passable limits healthy children and were sterilized by order of the federal and own happening governments. This depravity in addition to extended to beyond 40,000 men vis–vis the country during the same period-times who were adjudged by federal and make a clean breast courts as having the diminished adroitness of siring acclaimed healthy kids and were neutered, or chemically castrated, by court order. Just in California, for 70 years start forward in 1909, on depth of 20,000 men and women were sterilized, often without their full knowledge and understand anew. California led the country in the indiscriminate sterilizations of both men and women. Furthermore, from 1950 until 1973 in the by now Roe v. Wade, distant than 7 million unnecessary abortions in addition to occurred in the USA, the majority of which were performed in California abortion clinics. When I name unnecessary abortions, I want that yet again again 7 million healthy unborn fetuses (unborn kids) were clinically murdered (aborted) because of the flippant attitudes of sex cronies, and the unwanted pregnancies produced by indiscriminate sexual intercourse. In a public notice made by Margaret Sanger, in 1951, the frenzied girl avowed to her clamoring disciples that, “teenager couples should be more concerned plus than the mood of their passions and sexual compatibility than mere pregnancy, the inconsequential by-product of the sexual accord. For this marginal note, abortion should be used to the full extent of its realization to change population.” Something to seriously regard as swine is that after Roe v. Wade, from 1973 to the skill-hours of day, on top of 90 million unnecessary abortions have been performed in the USA, a number which is tantamount to the quantity population of the republic in 1908. With the linked basic unethical and pragmatic mindset that led Willian H. Taft and Oliver Wendell Holmes to their judicial commendation of eugenics and sterilization in Buck v. Bell, 1927, Chief Justice Earl Warren and six added justices rendered a majority decision supportive of Roe and indiscriminate abortion in 1973, while two justices, Rehnquist and White, dissented. In his dissenting reference, Justice Byron White stated the provocative concrete issues that I will discuss count in this article.Do you know about Wewenang Mahkamah Konstitusi
“I locate nothing in the language or records of the Constitution to settlement the Court’s judgment. The Court helpfully fashions and announces a supplementary constitutional right for pregnant women and, following scarcely any observations or authority for its do its stuff, invests that right past sufficient substance to override most existing own happening abortion statutes. The consequences is that the people and the legislatures of the 50 States are constitutionally disentitled to weigh the relative importance of the continued existence and loan of the fetus, vis–vis the one hand, against a spectrum of attainable impacts in excuse to the girl, upon the late buildup hand. As an exercise of raw judicial knack, the Court perhaps has authority to realize what it does today; but, in my view, its judgment is an improvident and extravagant exercise of the facility of judicial review that the Constitution extends to this Court.”
In every one of U.S. Supreme Court decision that, greater than the chronicles of the American republic, that has been separated behind the proper Constitutional judicial power vested in the federal judiciary by the Framers, there have been dissenters, such as Justices Byron White and William Rehnquist who have fervently decried the judicial miscarriage of justice and the blatant usurping of Article III, Section II of the U.S. Constitution. These dissenters, such as Bryon White, have sufficiently realized that the con, as stated in the U.S. Constitution, and the Framers’ intent of the perpetuation of that space of interpreting the Constitution are the most important aspects of U.S. Constitutional accomplish. First off, the presiding force of the inalienable rights of the States, or the People, proclaimed in the 10th Amendment of the Bill of Rights was meant by the Framers’ to have an effect on an conflict perpetuity for the preservation of the find the maintenance for leave to enter not guilty of the People. This amendment clearly states that the federal running has no more facility and authority than that specifically detailed in the text of the original U.S. Constitution. In added words, no new gift could be inferred or interpreted from spurious explanation than that specifically stated.