The courts, even the highest court in the land do not adhere to the US Constitution. They constantly reinterpret it to mean whatever the power center wants it to mean. While the Originalists stay closer to the Founder's intent than the Living Constitution Textualists, they do not interpret and never have interpreted it to mean what it sa…
The courts, even the highest court in the land do not adhere to the US Constitution. They constantly reinterpret it to mean whatever the power center wants it to mean. While the Originalists stay closer to the Founder's intent than the Living Constitution Textualists, they do not interpret and never have interpreted it to mean what it says in the plain language it was written. And they became even further removed from faithfully interpreting the Constitution when they moved from the Natural Law jurisprudence it was written under to the Positive Law jurisprudence that insinuated itself and prevailed in the last century.
The very first Chief Justice of the US Supreme Court John Jay wrote in one of his early opinions, "The People Who Own the Country Ought to Govern It."
And this paper, albeit written by someone on the left lamenting failings they perceive, tells a harsh truth, which is that the jurists who interpret the constitution are little more than "high priests in black robes." Doing the bidding of those who really own this country:
The Supreme Court, hegemony, and Its Consequences
Minnesota Journal of Law & Inequality, December, 1987
The combination of forces at work to neuter the US Constitution, particularly the Bill of Rights the elitists in the Founders never really liked or wanted, have succeeded in reinterpreting Freedom to mean Slavery, Ignorance to mean Stength, War to mean Peace. Linguistics. Clever linguistics have made us a post-constitutional republic. Without a bullet fired.
The courts, even the highest court in the land do not adhere to the US Constitution. They constantly reinterpret it to mean whatever the power center wants it to mean. While the Originalists stay closer to the Founder's intent than the Living Constitution Textualists, they do not interpret and never have interpreted it to mean what it says in the plain language it was written. And they became even further removed from faithfully interpreting the Constitution when they moved from the Natural Law jurisprudence it was written under to the Positive Law jurisprudence that insinuated itself and prevailed in the last century.
The very first Chief Justice of the US Supreme Court John Jay wrote in one of his early opinions, "The People Who Own the Country Ought to Govern It."
And this paper, albeit written by someone on the left lamenting failings they perceive, tells a harsh truth, which is that the jurists who interpret the constitution are little more than "high priests in black robes." Doing the bidding of those who really own this country:
The Supreme Court, hegemony, and Its Consequences
Minnesota Journal of Law & Inequality, December, 1987
https://scholarship.law.umn.edu/cgi/viewcontent.cgi?article=1371&context=lawineq
The combination of forces at work to neuter the US Constitution, particularly the Bill of Rights the elitists in the Founders never really liked or wanted, have succeeded in reinterpreting Freedom to mean Slavery, Ignorance to mean Stength, War to mean Peace. Linguistics. Clever linguistics have made us a post-constitutional republic. Without a bullet fired.
very well said. thanks for this post