January 22, 2011
— rdbrewer





The rule of law is to be preferred to the rule of man. We do not permit a man to rule but the law because a man rules in his own interest, and becomes a tyrant but the function of a rule is to be the guardian of the justice and, if justice then of equality. --Aristotle
The Rule of Law protects against man's tendency to bask in the light of his own shining intellect--to imagine himself superior to all decision makers who have gone before, to have such confidence in his own judgment as to no longer require the collected wisdom of precedent, and to feel so magnificent about himself as to believe his individual decision making powers are greater than the combined judgment of the voting public and representative legislative bodies. So we give judges authority, not power. And we make them swear an oath to uphold the law--by definition, a thing that already exists, not one's newly minted personal views. We entrust judges with the authority to weigh the law and to apply it objectively as if blindfolded--blind to all other considerations.
But as careful as the framers of the Constitution were, the system has not been robust enough to stand-up to the precise threat it was designed to protect against. The rule of law is being attacked from within by those who care nothing about it and yet are entrusted to protect it. For the last 60 years, the trend has been toward greater and greater numbers of pathologically arrogant warthogs on the bench who treat the authority entrusted to them as power--as their big opportunity to do as they please, to reshape the world the way they see fit. These judges--almost all from one particular side of the ideological aisle--are more interested in making law than applying it, and this is done openly, without even a pretense of blindfolded objectivity. Thus, there has been a growing amount of reverse jurisprudence--arguing backward from a desired outcome and twisting legal reasoning to support the view. This has nothing to do with applying law and has everything to do with the attempted use of power to exert one's will over others. These self-indulgent despots have abandoned what it means to be a judge. Their open disinterest in impartiality and upholding the law--documented easily enough--is a clear violation of their oath, and, in my view, it is grounds for removal from office.
So that we don't get run over.
This reminds me of Tolkien. One cannot wear the Ring of Power. Aristotle may have said it first, but Tolkien said it best when he talked about the corrupting power of the One Ring:
[S]o great was the Ring's power of lust, that anyone who used it became mastered by it; it was beyond the strength of any will (even his own) to injure it, cast it away, or neglect it.
Posted by: rdbrewer at
12:28 PM
| Comments (85)
Post contains 489 words, total size 3 kb.
Posted by: Stillwater at January 22, 2011 12:31 PM (0GpN4)
Posted by: garrett at January 22, 2011 12:34 PM (ltGgD)
Posted by: t-bird at January 22, 2011 12:34 PM (FcR7P)
Posted by: Peaches at January 22, 2011 12:36 PM (zxpIo)
Posted by: Charles B Rangel at January 22, 2011 12:36 PM (3OCZw)
Until you hit a turn.
Posted by: garrett at January 22, 2011 04:35 PM
Get a beef-up anti-sway bar...
It's what all the really arrogant judges do.
Posted by: rdbrewer at January 22, 2011 12:39 PM (Ghgw8)
http://tinyurl.com/ylx3anh
Posted by: Charles B Rangel at January 22, 2011 12:40 PM (3OCZw)
Posted by: The Viking On Tour at January 22, 2011 12:45 PM (d+tqL)
Posted by: Thatguy at January 22, 2011 12:45 PM (xLEY/)
Posted by: USS Diversity at January 22, 2011 12:46 PM (DLxD/)
Have a friend that Only rebuilds these cars .-back to factory, as a hobby.
I always thought meh, hell they aren't even a vette. but i guess He makes big bucks off of his hobby.
Posted by: willow at January 22, 2011 12:46 PM (h+qn8)
Posted by: willow at January 22, 2011 12:48 PM (h+qn8)
Posted by: willow at January 22, 2011 04:48 PM (h+qn
Do you also give quizzes on the contents of playboy articles?
Posted by: robtr at January 22, 2011 12:50 PM (hVDig)
Although I was distracted by the muscle car, this was a great article. Tempest at Dawn by James Best did a pretty good job of depicting what the Framers were trying to accomplish.
rd is right. They did not anticipate the fucking scumbags who would find themselves in power with this system.
Posted by: USS Diversity at January 22, 2011 12:50 PM (DLxD/)
Do you also give quizzes on the contents of playboy articles?
Posted by: robtr at January 22, 2011 04:50 PM (hVDig)
why yes, I ask my husband , "was it good"?
Posted by: willow at January 22, 2011 12:55 PM (h+qn8)
re Judges:
These self-indulgent despots have abandoned what it means to be a judge. Their open disinterest in impartiality and upholding the law--documented easily enough--is a clear violation of their oath, and, in my view, it is grounds for removal from office.
So that we don't get run over.
yes.
Posted by: willow at January 22, 2011 12:58 PM (h+qn8)
OK, I'm a retard... Why is this group of photos of a GTO going along with this blog post?
Is there a connection I'm missing?
Help a retard out.
Posted by: ed at January 22, 2011 01:07 PM (emG8W)
The Founders put protections in place, which we have allowed the Federal Government to take away.
The Senate, being the direct representatives of the States, were supposed to be ONE check on Federal Power.
And the RIGHT to Petition for redress, and for Grand Jurys to be able to investigate, were in place to keep Government empolyees in check.
Yet now? The Right to petition for redress has been diluted through Court rulings by the whole "standing" issue... (when a citizen can't even sue to see the Presidents Birth Cert, to ensure he is not wasting his vote?).
And Grand Jurys are now nothing more than an arm of Prosecutors, not the independent bodies they origioinaly were.
Add in that you cannot sue ANY Government Official for NOT doing their Job?
And there is no longer any avenue for the common citizen to Force the Government to abide by the Rule of Law.... for when ONLY the Government has a say in what Law is (Prop 8 in California is a great example) then the Government WILL, overtime, overstep its limits...
Posted by: Romeo13 at January 22, 2011 01:08 PM (AdK6a)
Posted by: Yous bin Bamboozled at January 22, 2011 01:09 PM (obH33)
Is there a connection I'm missing?
Help a retard out.
Posted by: ed at January 22, 2011 05:07 PM (emG8W
Ed, the Car is a gto, also called the Judge back in the days when all of us respondants remember. yeah we're old as dirt, Get off my Lawn!
Posted by: willow at January 22, 2011 01:12 PM (h+qn8)
The Senate, being the direct representatives of the States, were supposed to be ONE check on Federal Power.
And the RIGHT to Petition for redress, and for Grand Jurys to be able to investigate, were in place to keep Government empolyees in check.
Yet now? The Right to petition for redress has been diluted through Court rulings by the whole "standing" issue...
Here's an interesting question: If you were going to re-write the Constitution, what would you change--exact wording--in order to check the creep we've seen over the last 60 years?
Posted by: rdbrewer at January 22, 2011 01:16 PM (Ghgw8)
Or, if you were going to write a new amendment that addresses the problem, what would you write? (Exact wording.)
Keep in mind, we already have a 10th Amendment judges are not defending.
Posted by: rdbrewer at January 22, 2011 01:17 PM (Ghgw8)
Why is this group of photos of a GTO going along with this blog post?
In short, a 'Judge' GTO was the high performance model.
Posted by: Stillwater at January 22, 2011 01:19 PM (0GpN4)
Posted by: rdbrewer at January 22, 2011 01:20 PM (Ghgw8)
Posted by: willow at January 22, 2011 01:21 PM (h+qn8)
So now, with whom and how do we restore our constitutional republic BACK to it's former state? Again, a serious question.
Posted by: irongrampa at January 22, 2011 01:22 PM (ud5dN)
And that car would be nice with at least $4000 of suspension work (including brakes, wheels and tires). I love musclecars, but I also love corners (and also not dying in a flaming crash).
Posted by: Merovign, Bond Villain at January 22, 2011 01:23 PM (bxiXv)
Posted by: Stillwater at January 22, 2011 01:25 PM (0GpN4)
The Ring was destroyed, as it happened, because of Gollum's lust for it...not Bilbo's will.
Sobering...
Posted by: AoSHQ's DarkLord© at January 22, 2011 01:26 PM (Fs7RJ)
Posted by: rdbrewer at January 22, 2011 01:26 PM (Ghgw8)
Wish you hadn't posted that pic, rd. Brings back a flood of memories of the muscle car era(that I came of age in), does anyone have an answer for the question posed at #39?
Posted by: irongrampa at January 22, 2011 01:31 PM (ud5dN)
Posted by: irongrampa at January 22, 2011 05:22 PM
That's what I'm wondering. Ted Nugent wants a new constitutional convention so that USA II can begin.
(You know you're sifting through the dregs when you're quoting Ted Nugent.)
If the political will can be mustered, I'd say some amendment that weathers the helm.
Posted by: rdbrewer at January 22, 2011 01:33 PM (Ghgw8)
Posted by: Lord Acton at January 22, 2011 01:33 PM (UqKQV)
Here's an interesting question: If you were going to re-write the Constitution, what would you change--exact wording--in order to check the creep we've seen over the last 60 years?
Posted by: rdbrewer at January 22, 2011 05:16 PM (Ghgw
Go back to Aristotle: He said that we know things by what they do, and what they are in the process of becoming. A seed is a potential tree, etc
The FFs ( who read a lotta Aristotle ) created a document that defined the American nation and polity, and brought into existence a device--government--that could develop legitimate needs of the people into laws--while limiting the inherent potential for abuse of that power to 'develop'
start at the beginning.......
Posted by: SantaRosaStan, who occasionally dresses up like a lord at January 22, 2011 01:40 PM (UqKQV)
Here's an interesting question: If you were going to re-write the Constitution, what would you change--exact wording--in order to check the creep we've seen over the last 60 years?
Posted by: rdbrewer at January 22, 2011 05:16 PM (Ghgw
Whew, that's a question. Certainly not something you can write up in one afternoon...
Posted by: KG at January 22, 2011 01:50 PM (2k/Dg)
The Ring was destroyed, as it happened, because of Gollum's lust for it...not Bilbo's will.
Sobering...
Posted by: AoSHQ's DarkLord© at January 22, 2011 05:26 PM (Fs7RJ)
No he didn't, that was Frodo.
Posted by: KG at January 22, 2011 01:50 PM (2k/Dg)
I'm thinking it could be done through successive electoral cycles, incrementally, much the same way we've arrived at this junction.
Obviously, you need the same party in ascendancy, or at least enough of a majority to deter regression. The most effective, it seems, is reversal of some of the more egregious laws currently afflicting the country. Of course, the Chief executive would have to be in accord with the above. I don't want to waste bandwidth fleshing this out further, I think y'all can see where it's going.
Besides you're much better at that than me.
Posted by: irongrampa at January 22, 2011 01:53 PM (ud5dN)
Posted by: toby928™ at January 22, 2011 01:54 PM (S5YRY)
Posted by: rdbrewer at January 22, 2011 05:11 PM (Ghgw
Oh, that is Sweeeet!!!
Ed, the Car is a gto, also called the Judge back in the days when all of us respondants remember. yeah we're old as dirt, Get off my Lawn!
Posted by: willow at January 22, 2011 05:12 PM (h+qn
Ah willow, you are as beautiful as Audrey Hepburn, as rockin' cool as Joan Jett, and and as kick-ass as Sarah Conner and Sigorney Weaver combined...
Posted by: ed at January 22, 2011 02:05 PM (emG8W)
Here's an interesting question: If you were going to re-write the Constitution, what would you change--exact wording--in order to check the creep we've seen over the last 60 years?
Posted by: rdbrewer at January 22, 2011 05:16 PM (Ghgw
Actually had this discussion with my Son awhile back...
And thought about putting up a "Constitutional Convention" website and blog... where this exact type of thing could be addressed... ie... how WE would rewrite the Constitution.
The Founders debated, and rewrote for years... in public debate.... which is somthing which is really lacking today... ie a true debate about how we wish our Government to function.
Posted by: Romeo13 at January 22, 2011 02:06 PM (AdK6a)
The individual states must advocate their own sovereignty to push the Fed back into it's cage, IMO. Last Nov. was the first step, but we'll have to keep the pressure on 'at home' to continue the movement.
I love the multi-state lawsuit against ZeroCare, but nullification seems a more effective means of stamping it out, if enough states (are forced to, by the will of their voters!) dare to try legislating it into the dustbin.
Posted by: Stillwater at January 22, 2011 02:13 PM (0GpN4)
And thought about putting up a "Constitutional Convention" website and blog... where this exact type of thing could be addressed... ie... how WE would rewrite the Constitution.
That's not a bad idea. Someone has to have already addressed the issue. I'd like to see a sample of the amendments people would/have proposed--since re-writing the Constitution is too big a subject to address meaningfully. I'm sure proposed amendments to address the problem all run along the same line, with slightly different wording.
Posted by: rdbrewer at January 22, 2011 02:17 PM (Ghgw8)
Posted by: Michael at January 22, 2011 02:21 PM (JtKsy)
Great post, well said. Maybe not said often enough by those who should be shouting it from the rafters.
It makes me nuts how people so easily disregard contracts, contracts are important. I wish more people realized this.
Posted by: curious at January 22, 2011 02:21 PM (p302b)
Posted by: delmar at January 22, 2011 02:24 PM (d9sox)
Lemme see...
Abortion legality is left up to the several states
Natural born citizen is one born on the soil of two citizen parents, period
Prenumbra wording is inert, without power or hidden meanings
a much tighter, narrower definition of "regulate commerce between the several states"
a more descriptive definition of "high crimes and misdemeanors" leading to impeachment
prohibition against executive branch czars
Congress must pass a budget before 9/1 of it's first year term. Else Congress is dissolved on 11/1, automatic continuing spending resolutions are in effect from 10/1 until 2/1 of the following year, new elections are held first Tuesday in November, new Congress is seated first Monday in January that's not New Year's Day. No member of the Congress that was unable to pass a budget may run for re-election, ever (lifetime ban)
Members of Congree shall not switch political parties mid term. They shall resign and run as a candidate freshman member in the next election cycle.
Still thinking....
Posted by: Count de Monet at January 22, 2011 02:28 PM (XBM1t)
Posted by: ed at January 22, 2011 06:05 PM (emG8W)
ed, haha so kind, but actually everyone thinks hot lips hulahand resemble me. (another blast from the past)
Posted by: willow at January 22, 2011 02:29 PM (h+qn8)
Posted by: curious at January 22, 2011 02:32 PM (p302b)
Here's an interesting question: If you were going to re-write the Constitution, what would you change--exact wording--in order to check the creep we've seen over the last 60 years?
Posted by: rdbrewer at January 22, 2011 05:16 PM (GhgwMy personal preferred method involves a masonry wall, some posts in the ground,a few strips of cloth or some dark colored bags a never ending supply of .30/06, some assembly required.
Posted by: Taint Painter at January 22, 2011 02:35 PM (E7i+5)
The only remedy is political. We need to elect a president and a senate that will appoint and confirm future Scalias and Thomases.
Posted by: real joe at January 22, 2011 02:35 PM (w7Lv+)
Posted by: Doc Merlin at January 22, 2011 02:37 PM (TC/9F)
Posted by: curious at January 22, 2011 06:31 PM (p302b)
Possibly. If excessive gerrymandering and safe seat protection can be eliminated/severely restricted so that every seat is truly competitive, term limits on Reps won't be needed. Agree that 17th Amendment (Senators elected by state legislatures) should be reinstated.
Posted by: Count de Monet at January 22, 2011 02:38 PM (XBM1t)
Posted by: Count de Monet at January 22, 2011 06:38 PM (XBM1t)
oh no, no....look at the legislature in my state....it is a disaster....
Posted by: curious at January 22, 2011 02:42 PM (p302b)
Posted by: rdbrewer at January 22, 2011 02:52 PM (Ghgw8)
Posted by: naan at January 22, 2011 02:53 PM (GARYj)
Posted by: real joe at January 22, 2011 06:35 PM (w7Lv+)
Posted by: Doc Merlin at January 22, 2011 06:37 PM (TC/9F)
Agree. SCOTUS screwed the pooch re natural born citizen precedent with Wong Kim Ark majority decision (1898, 6 - 2). Chief Justice Melville Fuller was joined by Justice John Harlan in a dissenting opinion which reasoned that the majority opinion exactly contradicted the original intended meaning of the 14th Amendment.
In the view of the minority, excessive reliance on jus solis (birthplace) as the principal determiner of citizenship would lead to an untenable state of affairs in which "the children of foreigners, happening to be born to them while passing through the country, whether of royal parentage or not, or whether of the Mongolian, Malay or other race, were eligible to the presidency, while children of our citizens, born abroad, were not".
I think the dissenting opinion was precisely correct. But we now have case law precedent to overcome in order to correct a bad decision. Ripley only had a swarm of aliens to overcome to survive Burke's bad decision, an easier hurdle IMO.
Posted by: Count de Monet at January 22, 2011 02:59 PM (XBM1t)
Posted by: lokki at January 22, 2011 03:04 PM (a5F9g)
Posted by: Publicserf at January 22, 2011 03:06 PM (Uwtgc)
I remain a huge fan of Scalia. He will reject stare decisis when he feels he must; if he can find a way around an old case he disagrees with, he will do it that way. A conservative approach. I am thinking of when Bruton was overruled, Scalia wrote the opinion (interlocking confessions does not eliminate the right to confront witnesses). People call Scalia a conservative and I suppose he is but as a jurist he is an originalist. As a result he may author an opinion joined by the left wing of the court, usually in criminal cases.
Posted by: real joe at January 22, 2011 03:07 PM (w7Lv+)
Here's an interesting question: If you were going to re-write the Constitution, what would you change--exact wording--in order to check the creep we've seen over the last 60 years?
Posted by: rdbrewer at January 22, 2011 05:16 PM
I would agree with most of Count of Monet's points and add the following:
1. Verbage that would give beef to State's Rights in the 10th Amendment. The states are the 4th branch of our givernment and deserve a equal stakr in it.
2. A Federal Judge recall like we have in Iowa at the 8 year mark or maybe even on the odd years so their records can be focused on and people can recall their judges accordingly without coattails of Presidnets or Senators or Governors. These judges need to know that they are not above accountability. I would hope that we could get judges that adhere to the strict limits of the Constitution that way and not judicial activists.
3. I kind of like this amendment idea floating around that would allow the states to overturn poor legislation. But I would change it to 2/3 of the states could override a presidential veto so a law could pass in Congress and get vetoed, the states could have a check on the President, aka, Obamacare repeal.
More to come.
Posted by: The Great and Secret Show at January 22, 2011 03:12 PM (hyDaS)
Posted by: Count de Monet at January 22, 2011 03:21 PM (XBM1t)
4. Require 55 votes in the Senate and 55% in the House instead of a simple majority to pass legislation to slow down the process of making laws. Simple majorities are for board rooms, not politics.
5. A no spending more than 17.5% of GDP amendment and a flat tax amendment of 12.5% for everything, Personal Income, Corporate Income, Estate and Capital Gains, so there are no loopholes and no money shuffling that puts everbody on the same playign field.
Posted by: The Great and Secret Show at January 22, 2011 04:07 PM (hyDaS)
Posted by: lauraw at January 22, 2011 05:19 PM (DbybK)
Help a retard out.
Posted by: ed at January 22, 2011 05:07 PM (emG8W)
Hey, how'd we get a retard in here with us morons?
Posted by: cthulhu at January 22, 2011 06:59 PM (kaalw)
Here's an interesting question: If you were going to re-write the Constitution, what would you change--exact wording--in order to check the creep we've seen over the last 60 years?
Posted by: rdbrewer at January 22, 2011 05:16 PM
There are a number of potential additions, mostly relating to certain themes: (1) the balance of power between an entrenched bureaucracy and elected representatives; (2) the power of incumbency; (3) end-runs around enumerated powers [that even the FF's knew of and attempted to address with the 10th Amendment's plain text.....and got finessed]; (4) the balance of power between states and the Federal government [that we fought a bloody war to "clarify"]; (5) the power of the purse [and who can use the "national credit card"]; (6) activism v. inertia; and (7) how to escape "bread and circuses" where a disinterested populace is bought off using their own money for largely useless expenditures.
For (1) and (2), I'd have that anyone entering the District of Columbia is permanently tattooed with the date of first entry, and that anyone caught within the district more than ten years and one day after their first entry (or without a legible tattoo) shall be shot.
This would leave the gate open to solving #3 -- all laws should be reviewed periodically to determine whether they continue to support an enumerated power. Since there wouldn't be anyone left of the bunch that passed it ten years later, ten years would be a good length of time to pass between reviews.
Issue #4 got "solved" the hard way in the 1860's. I'd hesitate to revisit the issue.
Issues (5), (6), and (7) are somewhat interrelated -- and are dangerous to mess with too much, lest the government fail repeatedly and often. Just to run something up the flagpole, I'd suggest that Congressional votes be run at three different levels:
To allocate expenditures previously authorized between uses previously authorized -- 50%; To reduce taxes imposed -- 50%; To reduce expenditures -- 50%. To repay borrowed funds -- 50%; To authorize expenditures -- 55%; To authorize uses of funds -- 55%; To authorize tax increases -- 60%; To authorize borrowing funds -- 60%. Of course, the original "To amend Constitution" would still be available to tweak these.
Posted by: cthulhu at January 22, 2011 07:34 PM (kaalw)
Posted by: rdbrewer at January 23, 2011 09:12 AM (vasOW)
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Posted by: Cosmo Kramer at January 22, 2011 12:29 PM (ltGgD)