Douglass Bartley
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- Joined
- May 31, 2007
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How the Supreme Court Destroyed the Real Constitution
Fellow Constitutionalists:
Some of you may remember that I have written a treatise on the Constitution. The books are Volumes 1-3 of The Kiss of Judice: The Constitution Betrayed—A Coroner’s Inquest & Report, together consisting of some 2100 pages of insight on the real Constitution and how it was destroyed by the United States Supreme Court.
Summary of the book
The Kiss of Judice is styled an autopsy. That is correct, I think, because it's a pathology: when and how the constitutional cancer started, how it spread slowly at first, then metastasized into a raging affliction, and when death ensued. The epidemiology of the disease traces most directly to when the "reconstituted" supreme court caved in and reversed the decisions that had impeded the New Deal's hostile takeover of the American economy. That was the Constitution's Rubicon. Freed from the chains of Constitution and the check of judicial restraint, subsequent congresses and presidents have gone on a rampage of power usurpation, churning out edicts and "programs" in a quantity and scope that would made even FDR blush. "It's a good rule of thumb", wrote the late Joseph Sobran, "that anything called a 'program' is unconstitutional." He's right for the reasons laid out in the pages of the work.
As Chief Justice John Marshall put it in Marbury v. Madison (1803), "The powers of the legislature are defined and limited; and that those limits may not be mistaken or forgotten, the Constitution is written." The main purpose of the book is to discover (or rediscover) those "forgotten limits". Then and only then will friends of the Constitution have a chance of reviving it and restoring to its original primacy as the "supreme law of the land"-as the Constitution itself commands.
Volume 1 covers: the Constitution’s Natural Rights Pedigree; its Preamble; and the (very-limited) Federal Legislative Powers and Federal Executive Powers it grants.
Volume 2 covers: Federal Judicial Powers; the Bill of Rights; Individual Rights--the 9th Amendment; State Powers; Powers Denied to States; and Separation of Powers.
Volume 3 covers: The General Welfare Clause--Mutation of Restraint into Plenary Power; Federal Commerce Power—Leviathan's Dragnet; Necessary And Proper--Any Expedient Will Do; Delegation Run Riot—
Exorcism of Separation of Powers and Ordination of Presidential Lawmaking; Rambo Power Rampant; The 14th Amendment Amended--Voodoo Jurisdiction; and R.I.P. Federalism.
The volumes are styled, The Kiss of Judice: The Constitution Betrayed—A Coroner’s Inquest & Report. “Judice”, Latin, a pun, means “pertaining to judges”; thus denoting the judicial, Judas-like betrayal of the Constitution. “Coroner’s Inquest” denotes that the work is a study into the death of the Constitution. Your author is the Coroner. He proceeds in the Inquest with the aid of his Coroner’s Jury: Jefferson, Madison, Hamilton, Story, Locke, and Blackstone.
The first two volumes are a dialogue between the Coroner and his jury on the various parts of the Constitution covered. The jury members answer the Coroner’s questions, for the most part in their own words, drawn from a variety of their written works. Occasionally the Coroner puts words in their mouths; those “inventions” are shown in brackets in the jurors’ answers.
The third volume is an analysis of various Supreme Court rulings guided by the constitutional principles identified in the first two volumes.
The works are novel, because, to the author’s knowledge, they are the only “Constitutional Law” textbooks that collect the wisdom of the framers as the Constitution’s only authoritative sources; they do not, as most Constitutional Law texts do, emphasize court cases as constitutional authority, for more often than not, the courts have only warped the Constitution.
In a broader sense, though, the works are not novel, for they are only an arrangement of the work already done by the jurors. The author is pleased to say that the works, by and large, are not original thought. Their “beauty” is that they only revive long-forgotten constitutional “discoveries” as set in the words of the main jurors and some others within “interviewed”.
The volumes of the treatise may be downloaded for $9.99 apiece @
Vol. 1: https://play.google.com/store/books/details?id=v2ER-K4YhPAC
Vol. 2: https://play.google.com/store/books/details?id=HqQl_r0JLRcC
Vol. 3: https://play.google.com/store/books/details?id=LTwXRPWUZfkC
For more information, see http://douglassbartley.wordpress.com
Submitted by Judge Bartley on Tue, 10/22/2013 - 23:06. Permalink
I have posted @ http://douglassbartley.wordpress.com/ summaries of all the cases cited in my treatise.
Also, I should be pleased to answer any questions on the Constitution, either where the court went astray or on the true meaning of its provisions.
Fellow Constitutionalists:
Some of you may remember that I have written a treatise on the Constitution. The books are Volumes 1-3 of The Kiss of Judice: The Constitution Betrayed—A Coroner’s Inquest & Report, together consisting of some 2100 pages of insight on the real Constitution and how it was destroyed by the United States Supreme Court.
Summary of the book
The Kiss of Judice is styled an autopsy. That is correct, I think, because it's a pathology: when and how the constitutional cancer started, how it spread slowly at first, then metastasized into a raging affliction, and when death ensued. The epidemiology of the disease traces most directly to when the "reconstituted" supreme court caved in and reversed the decisions that had impeded the New Deal's hostile takeover of the American economy. That was the Constitution's Rubicon. Freed from the chains of Constitution and the check of judicial restraint, subsequent congresses and presidents have gone on a rampage of power usurpation, churning out edicts and "programs" in a quantity and scope that would made even FDR blush. "It's a good rule of thumb", wrote the late Joseph Sobran, "that anything called a 'program' is unconstitutional." He's right for the reasons laid out in the pages of the work.
As Chief Justice John Marshall put it in Marbury v. Madison (1803), "The powers of the legislature are defined and limited; and that those limits may not be mistaken or forgotten, the Constitution is written." The main purpose of the book is to discover (or rediscover) those "forgotten limits". Then and only then will friends of the Constitution have a chance of reviving it and restoring to its original primacy as the "supreme law of the land"-as the Constitution itself commands.
Volume 1 covers: the Constitution’s Natural Rights Pedigree; its Preamble; and the (very-limited) Federal Legislative Powers and Federal Executive Powers it grants.
Volume 2 covers: Federal Judicial Powers; the Bill of Rights; Individual Rights--the 9th Amendment; State Powers; Powers Denied to States; and Separation of Powers.
Volume 3 covers: The General Welfare Clause--Mutation of Restraint into Plenary Power; Federal Commerce Power—Leviathan's Dragnet; Necessary And Proper--Any Expedient Will Do; Delegation Run Riot—
Exorcism of Separation of Powers and Ordination of Presidential Lawmaking; Rambo Power Rampant; The 14th Amendment Amended--Voodoo Jurisdiction; and R.I.P. Federalism.
The volumes are styled, The Kiss of Judice: The Constitution Betrayed—A Coroner’s Inquest & Report. “Judice”, Latin, a pun, means “pertaining to judges”; thus denoting the judicial, Judas-like betrayal of the Constitution. “Coroner’s Inquest” denotes that the work is a study into the death of the Constitution. Your author is the Coroner. He proceeds in the Inquest with the aid of his Coroner’s Jury: Jefferson, Madison, Hamilton, Story, Locke, and Blackstone.
The first two volumes are a dialogue between the Coroner and his jury on the various parts of the Constitution covered. The jury members answer the Coroner’s questions, for the most part in their own words, drawn from a variety of their written works. Occasionally the Coroner puts words in their mouths; those “inventions” are shown in brackets in the jurors’ answers.
The third volume is an analysis of various Supreme Court rulings guided by the constitutional principles identified in the first two volumes.
The works are novel, because, to the author’s knowledge, they are the only “Constitutional Law” textbooks that collect the wisdom of the framers as the Constitution’s only authoritative sources; they do not, as most Constitutional Law texts do, emphasize court cases as constitutional authority, for more often than not, the courts have only warped the Constitution.
In a broader sense, though, the works are not novel, for they are only an arrangement of the work already done by the jurors. The author is pleased to say that the works, by and large, are not original thought. Their “beauty” is that they only revive long-forgotten constitutional “discoveries” as set in the words of the main jurors and some others within “interviewed”.
The volumes of the treatise may be downloaded for $9.99 apiece @
Vol. 1: https://play.google.com/store/books/details?id=v2ER-K4YhPAC
Vol. 2: https://play.google.com/store/books/details?id=HqQl_r0JLRcC
Vol. 3: https://play.google.com/store/books/details?id=LTwXRPWUZfkC
For more information, see http://douglassbartley.wordpress.com
Submitted by Judge Bartley on Tue, 10/22/2013 - 23:06. Permalink
I have posted @ http://douglassbartley.wordpress.com/ summaries of all the cases cited in my treatise.
Also, I should be pleased to answer any questions on the Constitution, either where the court went astray or on the true meaning of its provisions.
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