Comments on: Indiana State Senator: “I Will Decide What’s Constitutional, Not You”

By: KennethLou

KennethLou — Tue, 12 Mar 2013 06:50:32 +0000

+++Will somebody knock this defiant wind bag out?Especially the wind.

By: cptbanjo

cptbanjo — Fri, 22 Feb 2013 16:36:40 +0000

The author fails to mention Federalist No. 78, which fully supports the concept of judicial review:

“If it be said that the legislative body are themselves the constitutional judges of their own powers, and that the construction they put upon them is conclusive upon the other departments, it may be answered, that this cannot be the natural presumption, where it is not to be collected from any particular provisions in the Constitution. It is not otherwise to be supposed, that the Constitution could intend to enable the representatives of the people to substitute their will to that of their constituents. It is far more rational to suppose, that the courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority. The interpretation of the laws is the proper and peculiar province of the courts.”

The Supreme Court cannot enforce its own decisions but must rely on the Executive Branch to do so. Its appellate jurisdiction can be limited by Congress. Its decisions can be overridden by constitutional amendments. So what’s the problem?

By: Monorprise

Monorprise — Thu, 21 Feb 2013 17:20:04 +0000

@Watchdog1

I think vesting that kind of power in any one branch of Government is foolish as it robs the people of the effect of those limits which apply to all braches.

It is the core printable of divided & checked power that no man or group of men should be trusted to limit themselves. It is the printable of American power that ultimately all legitimate power derives directly from the consent of the individual people, as was practically expressed thou their more local organizational units.

Following that model I do not believe Federal legislator could ever have the right to define for itself its own Constitutional limits any more than the Federal employees in black robes. These limits must be defined by the other branches and where they fail in conspiracy amongst themselves (As was obviously the case over the last 200 years) the final responsibility to correct this evil falls to the States & their people.

This is why the emphases must be on level of government with the lower & closer to the people being the higher due not only to the aforementioned attributes but due to the most critical check of all, our ability to vote with our feet.

I nonetheless salute your efforts as noble and brave, every little step towards liberty helps us find our way back there.

By: Monorprise

Monorprise — Thu, 21 Feb 2013 05:54:26 +0000

As long as we have men like Indiana Sen. Phil Boots, willing to fight for the preservation(reservation) of our rights freedom might still have a chance in this federation.

By: Watchdog1

Watchdog1 — Tue, 19 Feb 2013 02:26:38 +0000

I have played James Madison and now will play the role of Thomas Jefferson in Florida’s Patriot Camps and Liberty Schools where we teach children 8-12 the vital history of our founding and Founding Fathers, as MANDATED for (but largely ignored by) Florida public schools. Their position was that, of the 3 branches of the Federal Government, the branch that SHOULD RIGHTFULLY be the final determiner of the Constitutionality of any law is the LEGISLATIVE BRANCH…. NOT the Supreme Court, and their logic is sound. The Supreme Court is comprised of a handful of APPOINTEES, all too often of questionable backgrounds and people to whom much was owed by politicians. Being accountable to no one, their agenda is THEIR OWN. The legislature is comprised of HUNDREDS OF ELECTED officials, elected by THE GOVERNED, not appointed by the few privileged. And, since the process of IMPEACHMENT… the only way to remove “Justices” from office shy of retirement or natural (or externally-imposed) death, has proven impractical, it makes the case for the Legislative determination all the greater. Bill Peterseim

By: Anonymous

Anonymous — Tue, 12 Feb 2013 01:44:56 +0000

[...] than you" card. This tool needs to be recalled. Unfortunately, that's a no go in Indiana. Indiana State Senator: “I Will Decide What’s Constitutional, Not You” – Tent… __________________ [...]

By: BenMankSr

BenMankSr — Mon, 11 Feb 2013 15:39:25 +0000

RT @TenthAmendment: Indiana State Senator: “I Will Decide What’s Constitutional, Not You”: http://t.co/ZajKOB3l #10th

By: wizardQi

wizardQi — Mon, 11 Feb 2013 13:58:11 +0000

RT @TenthAmendment: Indiana State Senator: “I Will Decide What’s Constitutional, Not You”: http://t.co/ZajKOB3l #10th

By: CoChaosandagony

CoChaosandagony — Mon, 11 Feb 2013 12:13:56 +0000

RT @TenthAmendment: Indiana State Senator: “I Will Decide What’s Constitutional, Not You”: http://t.co/ZajKOB3l #10th

By: AquilineMagda

AquilineMagda — Mon, 11 Feb 2013 11:30:48 +0000

RT @TenthAmendment: Indiana State Senator: “I Will Decide What’s Constitutional, Not You”: http://t.co/ZajKOB3l #10th