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"Why Republican Justices on the Supreme Court Fail To Understand the Constitution"

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  • Strongly Liberal
    Independent
    Seattle, WA
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    What follows is a revised section of an article titled Real Democracy Is Coming To the U.S.A.:


    Why Republican Justices on the U.S. Supreme Court Fail to Understand the Constitution

    The five Republican Justices on the U.S. Supreme Court fail to understand the intent of the large majority of the Framers of the U.S. Constitution, and they also fail to understand that the Constitution was so progressive that it is still ahead of our time.

    If one studies the debates that occurred at the Constitutional Convention from May 29, 1787 to September 17th of 1787, that conclusion becomes very clear. Those debates began with a minority of members of the Convention assuming its purpose was merely to improve the existing Articles of Confederation, not replace it with a Constitution. And they also assumed that the confederation of sovereign states would continue, rather than be united as one nation.

    However, over the course of the Convention, that minority was overruled by the consensus of the great majority who understood that their purpose was to replace the failed Articles of Confederation with a Constitution that would give the central government the power to regulate interstate commerce and to ensure the integrity and ethical principles of the Union.

    When the Convention began on May 29th, the first speaker, who turned out to be in the minority, put forth an argument about the right to vote, and while he voiced the opinion of many in proposing a House of Representatives to be elected by the people, he argued for a Senate whose members would be the most wealthy and powerful, to be elected out of the House by Electors, not by the people.

    Consequently, from the very start of the Convention there was tension, because while a minority of the landed and wealthy aristocracy wanted to exercise power over the public, the majority believed the power should be with the people and according to the vote of the people. So the argument then was significantly similar to what it is today, and that is because wealthy Republicans and Libertarians today do not realize, or refuse to admit, that the argument was settled by the writing of the Constitution.

    Of course it took some serious debate to settle the argument. But by June 4th, 1787 it had become very evident that the proponents of a powerful aristocracy were actually supporters of the traditional European hereditary principle of aristocratic rulership, and even Monarchy. But James Madison and others were quite ready to point out that a ruling wealthy Aristocracy and Monarchy was the very thing that the Declaration of Independence and the Revolutionary War had intended to overthrow and eliminate in America.

    The debate went back and forth for a while, because the minority of wealthy aristocrats believed in the superiority of aristocrats. And some of them wanted to place the authority of the states above that of the national government, even though that idea actually violated the original purpose of the Convention.

    Madison then stated that their purpose was to form a national government and they must therefore abandon the ideas in the Articles of Confederation, and his statements in favor of Democracy squelched arguments against Democracy.

    Fortunately, Madison spoke for the great majority, and thus the transition from the former aristocratic order into a new, innovative democratic order was established. And the Constitution that was produced was intended to ensure that there would be no superiority of wealthy aristocrats over the poor, which was a unique advancement and improvement over all prior governments throughout history.

    From June 8th onward, the whole focus of the Convention was upon how to prevent the new nation from becoming like the European nations had been and still were – aristocratic and plutocratic, and not democratic. And the crux of the U.S. Constitution that was produced is reflected in the Constitution's Sovereignty Clause:

    "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

    That is why the U.S. Constitution was and still is a revolutionary, progressive document. And yet, in spite of the truth and the facts, modern, wealthy, conservative Republicans and Libertarians have been and still are persistent in claiming that the Constitution is a conservative document designed solely to protect and benefit the wealthy. But they are simply wrong, and they are blinded by their own self interests.

    Here’s the truth:

    Government is instituted for the common good; for the protection, safety, prosperity and happiness of the people; and not for the profit, honor, or private interest of any one man, family, or class of men. Therefore the people alone have an incontestable, unalienable, and indefeasible right to institute government and to reform, alter, or totally change the same, when their protection, safety, prosperity and happiness require.” -- John Adams

    "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness; that to secure these rights, Governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness." -- Declaration of Independence, 1776

    That is as true now as it was in 1776, and we, the people, should take it to heart, because during the last 30 years the U.S. Government has steadily become destructive regarding our civil liberties, rights and opportunities, while enabling an "upper" aristocratic class of incredibly wealthy people to profit far beyond what is reasonable or fair, at our expense, at the expense of our nation, and at the expense of our earth and environment.

    (The preceding was excerpted and quoted from Real Democracy Is Coming To the U.S.A.)

    One of the main points of the article is that despite the victory for Democracy in 1787, despite the great victory for Democracy in 1800 by Jefferson's and Madison's party, despite the victory of FDR's New Deal, and despite many other subsequent victories that followed Jefferson's, Madison's and FDR's lead, the right-wing forces of greed and self-interest STILL try to distort the Constitution, and HAVE distorted it to suit their own purposes.

    Now is the time for all good people to fight back, armed with the truth.
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  • Independent
    Ft.myers, FL
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    Guy, good piece. Sure the intend was correct, however as you said with our abundance of lawyers nowadays and "money" culture; you can't stop that train; we all get runover by it. Lately I've never seen more "greed" and corruption than ever. So correctness of Constitutions or not does not seem to matter; the "money" wins not the Constitution.
  • Liberal Democrat
    Democrat
    Colorado Springs, CO
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    Guy Dwyer --

    Thanks for sharing the insight into the framing of our Constitution. One thing that is a given...the super wealthy have always tried to manipulate public opinion to be sympathetic to their own selfish needs. That's why they have jumped on culture issues to divide the middle class and poor to vote against their own economic interests. The Koch brothers have never struck me as being particularly religious, but they seem to fund a lot of religious advocacy groups, not that they agree with their ideology, but rather that those ideologies split the middle class.

    Likewise on guns, I would not hold up the Koch brothers as being stanch supporters of guns, but as another middle class wedge issue it does have importance to the Koch brothers. Hence in Colorado they pretty well bank rolled the recall of our two state senators in 2013 who promoted common sense gun safety legislation for background checks and magazine size.

    The Koch brothers and other rich contributors have been remarkably successful in this effort as evidenced by the polls. They capitalize on the ignorance of Americans and play off one segment against the other.
  • Center Left Democrat
    Democrat
    Flagstaff, AZ
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    Jimmy Carter shed some very unfavorable publicity on the Koch brothers in Paris on Tuesday of this week. Although his focus was on environmental issues, he also referred to the Supreme Court decisions that have given the Koch brothers free rein in our elections

    http://www.rtcc.org/2014/04/23/carter-slams-koch-brothers-for-funding-climate-denial/
  • Strongly Liberal
    Independent
    Seattle, WA
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    During the last twelve years millions of progressive people have gotten the message, at least in terms of how and why Reaganism and "Christian" Dominionsim, which are related in many ways, have had a devastating impact on the nation and world during the last 32 years.

    I have observed during the last ten years that as soon as progressives learned why they had to turn the tables on hypocrites who claimed to be "religious and patriotic." the Reaganites responded by:

    1) trying to re-write history and claim that the Founders of America agreed with them; and
    2) trying to claim that God is on their side by distorting Christianity even more than they had been doing.

    I believe the tide is finally beginning to turn now, because more and more Americans have learned the extent to which the Reaganites are completely wrong about the intent of the Founders and their Constitution, and completely wrong about the intent and mission of Jesus of Nazareth.

    The truth is that Jesus and the Founders were progressive revolutionaries who understood that the ultimate goal of the Universe -- or God by any other name -- is to produce a peaceful family of nations and religions which operate in their spheres of influence to ensure that we, the people of earth, work together, cooperate and collaborate with each other, share with each other, and care about each other, in a peaceful, prosperous, bountiful world that we all all saved and improved, and that we all will enjoy.

    The good news is that humanity will achieve that goal.

    Granted, it won't be easy. At this stage humanity is merely waking up to how and why we have wound up in this sad state of affairs, having been pushed backward to 19th Century and even medieval attitudes and conditions in which a wealthy few rule from their ivory towers and palatial mansions while everyone else serves to merely operate the society and do everything that must be done to maintain and protect the rulers' domain and interests, and serve as dispensable subjects.

    Americans are the most fortunately people in the world because of one thing -- the U.S. Constitution, and specifically Article 5, which provides the people with the legal, official way with which to alter, reform and transform our government, as the Founders wisely knew we would have to do one day.

    Whether it is by Constitutional Convention, or whether it is by public demonstrations, citizens' initiatives, ballot measures and all other methods of making our voices heard in order to begin the process of establishing new constitutional amendments, we can and will do it.

    We are now armed with the truth, and the truth is on our side. All that is needed to get the ball rolling is for each one of us to let others know that.

    The 21st Century Declaration of Independence is like a seed planted. It tells us how and why we need to alter and reform our government. It's a starting point, and it's like a torch that needs to multiply and be passed on and on.

    I invite you to join me in trying to pass it on.
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  • Independent
    Ft.myers, FL
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    Guy, I'm glad you are an optimist; however looking around me lately, I find that a lot of things here are getting worse; take gun violence, drugs, corruption, road rage, racism, fanatics of all kinds, gap between rich and poor, polution, greed, militarism, crooked politicians, raping bishops etc.
    You name it.
    So may be I'm therefore negative, because the leaders we have, likely have neither any idea to solve such, because they are way too busy with themselves and how to get rich fast. The worst thing is that we trying to export our "culture"; if they don't like our "culture" then we sent in the drones.; which again gives the "military" a reason to ask for a bigger budget etc. and so on and on. So my question is: Does a Constitution in any way stop our present "culture"?
  • Strongly Liberal
    Independent
    Seattle, WA
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    Dutch Wrote: Guy, ... my question is: Does a Constitution in any way stop our present "culture"?
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    Dutch,

    The Constitution could stop and resolve many of the things that are wrong about the present culture, IF the people and our representatives in government had the political will to abide by the intent of the Founders and the spirit as well as the letter of the Supreme Law of the Land, the Constitution.

    However, I agree with you that such political will does not presently exist in any of the three branches of government, and the majority of the people have become too discouraged and hopeless or apathetic to do anything about it.

    Many people, therefore, are simply waiting for a conquering hero or savior to deal with those who are causing the problems and troubles -- a hero who will save and liberate the people from suffering and dreary existence.

    But that, in my view, is to shirk our responsibility, and it is a mistake to wait for anyone but ourselves.

    "When the best leader's work is accomplished, the people say, 'We did it ourselves!'" -- Lao Tzu, The Book of Tao

    That is a profound truth, because the ultimate government will be actually of the people, by the people, and for the people. But that kind of government does not yet exist in this world.

    Look, I know you don't believe in religious prophecies, but I think that is because you have not yet found that they are actually to OUR benefit, not to the benefit of the religious zealots or the wealthy few.

    In fact, REAL prophecies foresaw and foretold that those hypocrites will be refuted and rebuked by a message of judgment delivered by a modern son of man, a Mashiach (Messiah), in order to liberate and empower all the people. But as the book of Isaiah clearly reveals, the Mashiach must be "hidden" and deliver the message from behind the scenes to show the way -- because he knows that what the world needs is the message, not the messenger. He is merely like a blade of grass that dies, whereas the message of truth will live on.

    Of course, that is not what most Jews, Christians and Muslims have been led to believe, because they interpret scriptures to mean that the Mashiach will be a warrior in the militaristic mode to win victory for "their side," to bring their religion to ultimate power. But the truth is that the "weapons" of the real Mashiach/Messiah are not carnal, or lethal. They are merely words of truth, and sane judgment.

    The good news is that the real prophecies are actually resonant with Article 5 of the U.S. Constitution, which is the model for a reformation initiated and accomplished by the people. It is the way that the people can be empowered enough to peacefully liberate themselves -- given the "weapons" of truth.

    The questions are: When will the people get the message? When will they realize that it is up to them to take responsibility? And when will they be courageous and willing enough to stand up for truth, justice, freedom, and real liberty?
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  • Democrat
    Missouri
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    In order to mitigate the attacks on the Constitution and possibly end the adulteration of our precious freedoms, America requires having more control on the money donated into the political landscape. America will need a spotlight identifying the sources donating the funding and I mean all sources even to the extent of breaking up the PAC's to allow full public disclosure "Who" donated to the PAC and to "Who" the PAC donates the money. Full disclosure of political influence and lobbying will identify who peddles the influence and what the influence is going to purchase.

    I like the recent article in Politico.com revealing the former Supreme Court Judge Stevens testifying in a court on "Dark Money". Of course, the article was brief, but it did raise my interest that someone is desiring a look into the what is altering our Democracy for greedy interests of the top money barons. Money at the moment can change everything, but Americans should not stop at forcing change in our political system.

    I believe there are direct connections between Big Business, Wall Street, Corporations, and Criminal Groups with our Politicians, Judges and even into the Presidential Office. These connections are all money driven and by using influence peddling, this money will continue to destroy our politics and drive our Democracy into a Dictatorship ran by entirely corruption. I realize that is a worse case scenario, but if money is not controlled by full disclosure to the American public, nothing else will halt our impending end of Democracy.

    In local circles at the County, City and State levels of court systems and law enforcement, I shouldn't have to remind readers that history shows that corruption continues at the local level of politics. Our journalists and media activists are raiding every piece of corruption they find. From those local news reports, we find where Judges are paid off by local business interests to levy fines and force convictions that favor business. In many cases, corrupt Judges are found using the law to send convictions to treatment and rehabilitation centers that the person convicted has to pay for in treatment and rehabilitation. If the convicted person has the inability to pay, the taxpayer pays. So, business and the Judges get paid without the Public knowing about the special incentives they receive. I'm thankful for our news detectives that root out this type of corruption. With that said at the local levels, what about the highest courts in the Nation, such as Federal and Supreme Court? Are they above corruption? No, the Supreme Court Justices and other Federal Judges are at the largest flows of money possible in America. These judges, as is our politicians, can be bought at the right price of their position in law and legal legislation.

    "Dark Money", whoever named that phrase definitely has the right name for the money peddling influence. However, as a thought, it does not need to be about money. It can be, "Mr. Congressman, if you do this for us, we'll get you that next Senate appointment." It may not be immediate fund transfer, but it sure is influence peddling.
  • Strongly Liberal
    Independent
    Seattle, WA
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    I think it is imperative that we completely remove the influence of money from the political process.

    The progressive Wolf-PAC has made some progress in sparking interest in their proposed 28th Amendment. However, Wolf-PAC has focused solely on ending corporate “personhood” and establishing a publicly funded election process in order to end the massive influence money has on the present election process, and they hope they will be so successful in their advocacy that they will draw so much media attention that no state or federal Legislator would dare to oppose amendments that the vast majority of people want.

    However, the All Faiths Initiative for Peace, Freedom and Justice goes much further. Its 21st Century Declaration of Independence calls for Article 5 Constitutional amendments not only to prevent influence peddling and political bribery in order to remove money from the political process. It also calls for an end to partisan politics and the divisive competition for the "throne," and an end to the presidential form of monarchy, among other things.

    For example, one of the provisions in The 21st Century Declaration of Independence, which is an update and expansion of the original, states that we should revise, alter and amend the Constitution utilizing provision in Article 5 of the Constitution, acknowledging that partisan politics and the money-driven, winner-take-all competition for the throne merely perpetuates conflict and division and causes government to serve the interests of the wealthiest few to our detriment;

    Another says we should prevent the rule of money and put an end the presidential form of monarchy, so that executive power shall no longer be held by a chief executive but instead be used by an executive council of equals, elected directly by a citizenry trusted to make good choices.

    The 21st Century Declaration of Independence includes 10 other provisions, and it also provides ample reasons why a comprehensive reformation is needed, and why it is imperative that we implement needed changes to ensure that government does what it should -- promote the general welfare, use the common wealth for the common good, and ensure domestic tranquility by establishing fairness, equity, and justice for all the people.
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