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Judicial Tyranny Killed America in 1803 [Must read!]

Created: Sunday, June 12th, 2005
16:25:47 UTC
Last modified: Sunday, June 12th, 2005
23:47:47 UTC

By the way, I originally pointed this out at Dem Blogger's Sensenbrenner story. So cheers if you found out about this later :-)

Even in pro-liberty forums vanishingly few (and by this I mean i've only met one, ha!) realize that our union died while the Founding Fathers were still alive.

Do you know about the Whiskey Rebellion of 1794? Well, a large group of farmers protested a tax (Boston Tea tax just a fwe decades prior?!!?) on their farms that was far more harsh than any thing the Brits had put on them. President Hamilton (a Federalist — aka Fascist in deed) sent a large portion of the national army and massacred the men women and children at night while a large portion of them slept.

Thomas Jefferson and Benjamin Franklin hated the Federalists. It were the federalists who wanted to make Washington king. Adam Hamiliton was viciously opposed to the Bill of Rights and even the Declaration of Independence and said that "The Federal Government should be trusted to maintain proper use of power." (paraphrased).

It got so bad that unwittingly optimistic Jefferson finally called for a second Revolution. In fact, he thought the Union was already doomed because they people hadn't spontaneously revolted. I bet today he would be surprised we aren't far worse off.

See, in 1801 another Federalist preceeded Hamilton. John Adams. Adams installed a guy to the supreme court named John Marshal in his closing days as president...right before Thomas Jefferson was innagurated as President. The Federalists knew Jefferson haetd them, and with a new Whig (constitutionalists) majority in Congress they had to create a new form of power to illegally overturn decisions not advantage to the Federalists aims of strong central government (e.g. fascism).

In a move that caused quite a bit of contention in the country, John Adams made John Marshall the very first person to be elected *directly* as the Chief Justice of the Supreme Court. Every one believed that this belonged to a tenured justice upon vote from the Court and final approval by Congress, but using the lack of strictly-worded legal instruments, Adams bypassed all of this and installed him by pure Executive fiat; an uprecedented move. Marshall thus holds three records for justices to this day: A) the youngest justice ever (he was 24), B) the most wide-changing policies, and C) the only person to be directly appointed as Chief Justice.

In 1801 Jefferson tried to remove him but was blocked by Congress that said that in order to remove a *chief* justice an amendment to the Constitution would have to be made. Jefferson ceded the plan and instead focused on overcoming other Federalist issues such as the Whiskey Rebellion. At that time, no one considered the Supreme Court a threat; in fact the Founding Fathers said it was "the most inefefctual branch of governemtn and thus needed the least checks." How wrong they were :-(

In the batch of judges that Adams put into office in 1801 (including Marshall), many were *very* corrupt. One of them was James Marbury who had a criminal record as a con artist and extortionist. While Jefferson could not invalidate all of the 42 "midnight judges" he did successfully find reason to vacate 23 of them: Those had been filed after noon and the paperwork was not done when Jefferson took office, one of them being Marbury. Jefferson ordered Madison — instated as Sec. of State that very day — to not deliver the commission to Marbury. Marbury sued Madison and the issue — since it took place in the jurisdiction of Washington, D.C. — immediately escalated to the Supreme Court.

In February 1803, just a 23 months after being instated, Marshall did the unthinkable. Every one thought he would cede his power to adjudicate the matter due to conflicts of interest (he was one of the batch of 42) but no...he went furhter. He declared by fiat that it is the court's mandate to overturn "unconstitutional" laws. He further declared Jefferson's (fully within confines of Constitution!) act was "unconstitutional" and thus illegally re-installed Marbury. The Whigs were outraged, attempted to fight the matter via leglislation, but that law too was trounced by Marshall, and the 45% of the Federalists remaining consistently fillibustered the issue until they again regained control of the Congress after Jefferson, which they never lost again except to the guy who was in office for only 30 days before he was assassinated until Lincoln (an even bigger dictator) came along and thre was a chance to crush all the states' aspirations of self-governance.

That siad, "judicial review" of acts of the Executive and Legislative branches were and are totally illegal under the framework of our Constitution. In it, the ONLY authority invested to Supreme Court was authority to declare whether a state's laws with regard to ANOTHER STATE are constitutional or not. E.g. it was only made to enforce very limited provisions of the Constitution such as "the commerce between the States shall not be impeded". Not abortion. Not sodomy. Not civil rights. Not prayer in teh class room. Not slavery! None of that!

But here's the dragon...The second time judicial review was used was 1857. When the Supreme Court nullified the Dredd Scott decision, forcing this freed man to become a slave again (!!) and creating the Mason-Dixon line, creating the very breeding ground for the Civil War that had been tamed by Congressional legislation since the problems started in 1833 (!!)

After Lincoln trashed any semblance of a voluntary constitutional Union of Republics — and Corporate USA, Inc. was forged by gunpoint — the Supreme Court took out all pretense of their divine right to judicially review and it really took off. They use it on all sorts of "huge" "good" things that some people can really get around; like women's equality laws, like affirmative action, like civil rights. You would have to be a biggot to talk about the Supreme Court going against those things; but WAIT! Now it's abortion, sodomy laws, and even teh installment of non-popularly-elected Presidents.

Woah! Those people really love life, let me tell you! Just look at how they trashed teh florida law that saved Terri Schindler's life and then refused to hear her case, even after the Congress of the United States overwhelming voted to have them do just such a thing. yep, judicial tyranny.

Jefferson saw this. immediately upon John Marshall's implementation of Judicial Review and Congress' inability to overcome it, Jefferson said:
"It is a very dangerous doctrine to consider the judges as the ultimate arbiters of all constitutional questions. It is one which would place us under the despotism of an oligarchy." ... He wrote in 1810 that judicial review allows for a Supreme Court "which from the citadel of the law can turn its guns on those they were meant to defend"

It is clear. We officially stopped being a government of checks and balances in 1803 when a 2 yr-old justice dictatorially changed the scope of the Supreme Court's mandate and made the Supreme Court totally unaccountable and unappealable; thus unequal and unchecked.

Jefferson made one huge effort to destroy it. it turns out that Marshall and many of the other Justices and Federalists were Knighted and/or other Nobility (such as 'esquires' aka the noble term for lawyer) by the Crown of England ... utterly treasonous back in the day in the eyes of ordinary populace. He drafted the Thirteenth Amendment ... one you have never heard of because it has been so viciously repressed by the Oligarchs. This amendment was passed by 13 of the 17 then-existing states and should have become law. The amendment was very concise and stated, in full, the following:

"If any citizen of the United States shall accept, claim, receive, or retain any title of nobility or honour, or shall without the consent of Congress, accept and retain any present, pension, office, or emolument of any kind whatever, from any Emperor, King, Prince, or foreign Power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them, or either of them."

On the very day that it was to be ratified by Congress, Washington, D.C. was sacked by the British in the War of 1812. The Brits focused on two buildings: The Library of Congress and the Congressional Hall. In the ensuing inferno, all *ratified* copies of the admendment were burned and destroyed, necessitating a re-initiation of the amendment. However, Congress did not meet for the rest of the term due to the War and the new President (a federalist) totally squashd it from happening. However, the amendment was considered part of the Constitution by *TEN* states that had ratified it, and it was printed on their constitutions until 1860 when — guess who! — Lincoln had them fradulently and illegally — by Executive fiat — removed from their copies of the constitution (!!) Of the states that did not comply — Virigina, Kentucky, and Carolina — well! You know what happened to them! And now you know another reason why they thought the Union was dead!

The day a president sends goons to tell you to destroy part of the Constitution ... i mean, holy hell, you would probably be revolting too!

By 1876, virtually all traces of the thirteenth Amendment had been thoroughly censored. only 5 copies exist today (afaik) and they were found in private collections and foreign libraries (such as in Oxford).

Research the thirteenth amendment and you will find all the threads that lead back to the very days of the Constitutional Convention. Indeed, the 1777 Constitutional Convention was, in and of itself, iillegal. The people had given them a mandate to AMEND the Charter of Confederation, not fscking replace it with a far more Federalist plan! However, this like the Civil Rights movement was a treasonous act designed by the Federalists to solidify central power over the most free people on Earth through making populous decisions that the majority would never dissent against.

We must not be afraid to be a Constitutional Republic EVEN WHEN IT HURTS! In our history we have hardly held to this ideal and instead tend to be UTILITARIAN in our battles. We do not fight encroaching fascism when it comes to Civil Rights, as we support that. By the time it gets to issues like abortion there are people actively fighting us, and by the time it comes to installing presidents without the public's consent, so much of the country has been brainwashed by teh resulting vulgar and collapsing culture that no one gives a damn.

hope this helps,
HopeSeekr of xMule

BTW i'm just 23 yrs-old (and single :-). In our collapsed society people often express shock that I can both care and be so knowledge about our past and future.