Why Supreme Court opinions are not the “Law of the Land”, and how to put federal judges in their place.

Publius-Huldah's Blog

By Publius Huldah

Central to the silly arguments made by the “Convention of States Project” (COSP) is their claim that 200 years of Supreme Court opinions have increased the powers of the federal government (as well as legalized practices such as abortion); that all these opinions are “the Law of the Land”; and we need an Article V convention so we can get amendments to the Constitution which take away all these powers the Supreme Court gave the federal government.

But the text of Article V contradicts COSP’s claim. Article V shows that our Constitution can be amended only when three fourths of the States ratify proposed amendments. The Supreme Court has no power to amend our Constitution. And it’s impossible for an amendment to take away powers our Constitution doesn’t grant.

1. First Principles

Let’s analyze COSP’s silly argument. We begin by looking at First Principles:

♦The…

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The Broken Clocks’ Minute, by Robert Gore

STRAIGHT LINE LOGIC

Sometimes the reasons you’re wrong turn out to be the reasons you’re right.

Even a broken clock is right twice a day.

Old Wall Street adage

Anyone who has consistently sounded cautionary or outright bearish notes during the last nine years of relentlessly rising equity markets has been cast aside. Wall Street is bipolar. You’re either right or wrong, and wrong doesn’t buy mansions and Maseratis. Like that broken clock, the so-called permabears have had a couple of minutes when they were right, far outweighed by those 1438 minutes when they were wrong.

Or maybe it’s all a matter of perspective, and it’s the last nine years that amounts to two minutes. In geologic time nine years isn’t even a nanosecond. Perhaps even on time periods scaled to human lifetimes and history, the last nine years will come to be seen as an evanescent flash that came and ignominiously went.

Markets…

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United We Fall, Divided We Stand, by Robert Gore

STRAIGHT LINE LOGIC

Unity is not all it’s cracked up to be.

Everything I said is contained in a single word—collectivism. And isn’t that the god of our century? To act together. To think—together. To feel—together. To unite, to agree, to obey. To obey, to serve, to sacrifice. Divide and conquer—first. But then—unite and rule. We’ve discovered that one at last. Remember the Roman Emperor who said he wished humanity had a single neck so he could cut it? People have laughed at him for centuries. But we’ll have the last laugh. We’ve accomplished what he couldn’t accomplish. We’ve taught men to unite. This makes one neck ready for one leash. We found the magic word. Collectivism.

Ellsworth Toohey to Peter Keating, The Fountainhead, Ayn Rand, 1943

Countless commentators have decried disunity. They fret about our divided nation, warn of impending civil war, and implore us to come together to avert it. Unity’s…

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Muslim Convert Loses Democratic Primary Election

Deedra Hill Abboud is a muslim convert who was running for U.S. Senate in Arizona.

Deedra has worked for CAIR (Council on American-Islamic Relations) and MAS (Muslim American Society)

Deedra was recently defeated in the Democratic Primary Election.

Read more about Deedra here

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America’s Kristallnacht? by Robert Gore

STRAIGHT LINE LOGIC

If the US government prosecutes Julian Assange and WikiLeaks, it will mark a point of no return.

We’ll never know what “average” Germans thought on November 11, 1938, the day after Kristallnacht. Perhaps a few recognized it for what it was: a turning point, an acceleration of Germany’s descent into hell. America’s Crystal Night looms, and if it occurs, only a few will recognize it for what it is.

The fate of Julian Assange is the fate of one man, but it is also the fate of one of our most important freedoms.There won’t be shattered plate glass from vandalized businesses littering the streets, synagogues smashed, graves unearthed, or people herded onto trains. But his prosecution by the US government would destroy an inestimable value, one enshrined in the First Amendment, for which generations of Americans have fought and died: the right of the people and its press to inform…

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