The death of justice Scalia provided another opportunity for the people to see the reality they live in, but alas, they have not. They are just as lost now as they were before. The “conservative pundits” on radio and TV and in print continue to line their pockets by peddling a detailed absurd analysis of what Scalia’s death and potential replacement means “under the constitution”. They talk on and on about the dangers of the “wrong person” being appointed, and the balance of power on the court and the failure to “uphold” the constitution etc. But they never raise the points you are about to see. The only points that even MATTER.
I can’t possibly re-educate anyone in a single article or even in a few. It would take books and books to unclog the head of most poor deluded people. And from what I can tell most people won’t even read an article like this that will tell them the truth. They tell me it is “toooo wooong”. Then those same people wonder why nothing ever changes.
Today I am going to show you what the court is actually empowered to do under the constitution. Not what you have been TOLD all of your life. Not what the liars and controllers want you to believe. But what it is actually empowered to do. And after I do that you will see that it makes perfect sense. And you will see that if the court was doing what it was actually authorized to be doing, there wouldn’t be ANY CONCERN at all about who was ON THE COURT. Because it wouldn’t hardly matter to you.
The judicial section of the constitution is short. You should go look. But I will save you some time. The activating portion of it is really just ONE SENTENCE.
The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.
That my friend is ALL it says about the supreme court’s supposed powers. Do “judicial powers” mean that the court can amend the constitution? Of course not. Does having “judicial power” mean that once the court rules in one case that that the opinion “becomes the constitutional law” for all cases that follow? No. Does it say that once the court rules that there must be a constitutional amendment to “overturn it”? No. It doesn’t say ANY of those things because none of them are true. Those are all lies you have been told.
Judicial power is just that. The court is there to rule on actual cases and controversies. NOTHING more. They can’t issue sweeping edicts about whether a law is or is not constitutional in general. All they can do is decide a single case. Here is a simple explanation of what the court is empowered to handle.
A case or controversy, also referred to as a Justiciable controversy, must consist of an actual dispute between parties over their legal rights that remain in conflict at the time the case is presented and must be a proper matter for judicial determination. A dispute between parties that is moot is not a case or controversy because it no longer involves an actual conflict. cite.
The decision in a case only binds THE PARTIES involved in THAT case. Nothing more. Judicial power is the power to decide a case and controversy.
If they had been given some broad sweeping power to tell us what the law was in general and then to BIND US ALL TO THAT OPINION, then language saying that would appear IN the constitution. But it does not, because they don’t have that power.
Need more proof? Simple, not even the Congress or the President can take a proposed law over to the court and ask for a legal opinion about whether it is “constitutional”. Why not? Corporations do it with their own legal department. THEY GET AN OPINION before they act. If the supreme court is the department that is supposedly there to “tell us what the law is” and to supposedly decide issues for the whole county then why can’t the congress and the president just run over and ask about something’s “constitutionality” BEFORE they make it law? Wouldn’t that make a lot more sense than what happens now?
Did you ever think about that?
If the constitution is such a brilliant document why is it so inefficient? Why do we have to all sit around wondering what the holy oracles are going to say about the law years from now when it finally “reaches” them? Why can’t we just go ask them, if in fact they are the “final say” for the whole country as we are now told? Why not just run Obamacare over to them and say, hey, does this “pass muster” BEFORE everyone has to spend billions to comply etc.?
Because that’s NOT the court’s job. Because the court can ONLY decide cases and controversies. They can’t issue generalized opinions about the law and they don’t have the POWER to bind anyone but the parties in EACH CASE they hear and decide.
Just think about THAT.
The tyranny of the s.ct. does not come from the s.ct. being the final arbiter of a case. It does not stem from them exercising the judicial power over a case or controversy that they are granted in the constitution. The tyranny comes from the FALSE and totally UNSUPPORTED concept that the court’s opinion in one case is BINDING on every other case and on all people in ALL CASES for all times.
And that principle has nothing to do with exercising “judicial power” . It has nothing to do with anything in the constitution. That “power” has just been MADE UP.
DID YOU KNOW THAT?? Did you hear your favorite constitutional scholar tell you THAT?? I doubt it. Truth be told, they probably don’t even know it themselves. Most people, including most “scholars” and blowhards are incapable of even seeing what I just told you. They would probably still deny it even after you showed it to them!
They have spent all of their lives arguing about things within the box they were given. They don’t even see they are IN A BOX. Having been richly rewarded for their ability to analyze a bunch of useless crap inside the box, the experts imagine they are geniuses, and that they are right. Those in power take advantage of this type of vanity and exploit it.
The Courts are supposed to do justice. THAT is the highest obligation of any court. When is the last time you EVEN heard any pundit or expert mention that! Why bother having courts at all if they aren’t at least TRYING to do JUSTICE?
But it is impossible to “do justice” when all courts “must” follow whatever some cobbled together majority opinion from one court said in one case from who knows when. Do you see that? THAT can never produce justice. And that my friend is exactly WHY they have told you it IS like that, so they can get away with anything they want and you will have to suffer whatever injustice they care to inflict. All under the name of “following the constitution”. Do you see yet?
Think about this. What about S.Ct. opinions that are wrongly decided? What about opinions where the court OVERREACHES? What about all of the 5 to 4 decisions with dissents! What about errors by the court? What about strange facts? What about lawyers who make bad arguments in the case? Or cases where the lawyers failed to raise the right arguments? Think of how much injustice this absurd made up rule reigns down on the people.
We are told that all of that is irrelevant and part of “imperfect justice” and on and on. They have told us that regardless of the problems it causes we MUST follow their decisions and that they are binding on all future cases because that “is our system” and then they tell you that “our system” is somehow magically the greatest freedom and liberty machine ever created! But they can’t point to ANYTHING in the document that even shows the power exists and they can’t give us a good reason for why the power should exist, because they can’t be honest about their real reasons.
All the document actually SAYS is that the court is invested with the judicial power of the U.S. And that is nothing more than the power to decide cases and controversies. The way it is supposed to work is simple.
If the reasoning is sound in a decision, ANY DECISION BY ANY COURT, then the next court is free to use that reasoning. BUT if the reasoning in the dissent was more persuasive, OR some reasoning the court didn’t put forth was more persuasive, then the next court is free to use THAT reasoning in order to try to do justice. THAT is what justice looks like.
The parties are welcome to appeal and maybe the trial court’s decision would then be overturned. But maybe not. Maybe the make up of the appellate court would be more like that of the original dissent. Maybe the supreme court’s justices would now be convinced their original decision was not well reasoned. Maybe a lot of things. Remember, this all started by having the justices on the supreme court itself DISAGREEING with what the outcome should be. Do you see??
Always the primary purpose driving the courts needs to be JUSTICE. ANYTHING that gets in the way of that MUST be swept aside.
There is nothing holy about an opinion. Some are good some are bad. They are all written by PEOPLE. People are corruptible. People are wrong. People are biased. People are fools. People make mistakes. As a practical procedural matter, at some point the case has to come to an end. In our system, that end comes at the supreme court. But only for THAT ONE CASE. Got it?
EACH CASE stands on its own. Each party is entitled to the best justice it can get. Sure it helps to have some way to predict what the outcome would be in a future case. But let me ask you this. Which is a better choice, to have a known outcome that is wrong, bad, unjust, or clearly unconstitutional but which nonetheless “must” be applied by every other court forever, OR to have the outcome not be as clearly known in any one case, but JUSTICE be served to the maximum extent possible IN EACH CASE? Because those are the “competing” values.
The power structure wants you to believe that we all “have to follow” the supposed “law” the supreme court announces so they can control you with a single lever my friend. Because YOU WILL NEVER GET TO THE SUPREME COURT. So they can screw everyone with one crap decision. That is the great scam. None of this “obligation to follow” the s.ct crap is in the constitution. None of it. Just go look. I double dare you.
Let me ask you this. How does a supreme court’s opinion even purport to “become the law of the land”?
They clearly don’t have legislative authority. So what is actually happening?
Well what they claim is that the supreme court is actually just interpreting the constitution, not “making law”. Because they know they are not allowed to “make law”. That is for the legislature. They claim all they are doing is “saying what the constitution already says must be done or not done”, in effect. Do you see that?
Of course, this word game can’t withstand any scrutiny. Let me show you.
The reasoning goes like this. They claim that the supreme court’s opinions tell us “what the law is” by “interpreting the constitution”. Then they tell us that “because” this is what the constitution “says” the “opinion” is now in effect, “the law of the land”. And as a result, the only way the people can reverse the decision/finding is to pass a constitutional amendment.
There can be no doubt that this is what we are told over and over. And this is why the blatant political make up of the court matters. THIS is why people care who is on the court, who replaces Scalia. Because the court imposes things on the whole country with a single decision claiming that the “constitution” somehow requires it etc. Now let me show you why what they say is just laughable.
If all of that is true, then how does the supreme court have the POWER to reverse itself??
Think about it.
If all they were supposedly doing was telling us what the constitution “required”, then they would not have the power to reverse themselves. How could they? They would be amending the constitution either the first time or when they reversed. It is inescapable. But they don’t have the power to amend. They don’t even claim to have that power.
Do you see the dilemma? If what they say has the “power” of the constitution behind it, and that is why we “must” get a constitutional amendment to change it, then there is NOTHING in the constitution that would allow the supreme court to then “change the constitution” back by changing their “opinion”. Do you see it yet?
If supreme court opinions had the power they tell us they have to somehow become “the law of the land”, then the court would not have the power to reverse itself. It just wouldn’t. Because they DON’T HAVE ANY LEGISLATIVE POWER, and they aren’t following the stated methods to amend the constitution.
But there is nothing in the constitution limiting the court from “reversing” itself. Because the court’s decisions do not “become the law of the land” and they are not intended to be binding on all the people for all times. The entire idea is absurd!
I will say it again. All that any decision can EVER DO is bind the PARTIES to THAT case. PERIOD. Nothing more. That is what judicial power IS. It is the power to decide A CASE.
I am going to give you one more example to show you why my explanation of the court’s power is the correct one and why all the laughable lies you have been taught and continue to be told in the press and by experts are preposterous.
Before a court, any court, can even HEAR a case, let alone “decide” a case, it must at a MINIMUM purport to have personal jurisdiction over the parties. NO COURT would even try and claim to bind someone to the outcome of a decision if the court didn’t at least CLAIM to have personal jurisdiction OVER THAT PARTY. IN THAT CASE.
This is huge. Think about what I just told you.
The court must be able to point to very specific things to show that it has jurisdiction over YOU and everyone else in the actual case. Why? Because the court claims a right to order to you to do things. It claims a right to take your property, or your life or to tell you what your rights are against other parties and on and on. BEFORE it can do that it must meet very specific WELL KNOWN requirements that give the court the authority, or “personal jurisdiction” over you, to then bind you to whatever decision the court renders. Got it?
In lay terms, PERSONAL jurisdiction means that the person was given an opportunity to actually be involved in the case. The person was named, served, given an opportunity to appear and to argue the facts and the law in THAT CASE. Without that, the case is NOT BINDING on you. The court cannot issue an injunction against you. It can’t order to you to pay a contract. It can’t fine you. It can’t do ANYTHING to you without, FIRST, at least purporting to obtain personal jurisdiction over you. IN THAT CASE. It isn’t even enough if you have another unrelated case pending in the SAME court. It has to get jurisdiction over you EACH TIME in each case.
YET, those in power have convinced you that you are BOUND by whatever the supreme court says, said, or may say in ANY CASE. Have you ever been party to even a single case in front of the supreme court? Of course not. Do you see the contradiction? Do you see the absurdity of it?
The court wouldn’t even claim to have the power to make you cut a bush down in your yard unless they had personal jurisdiction over you IN THAT SPECIFIC CASE. Yet you are told that you are bound to every decision they make, have made, or ever will make without ever being served, or having the opportunity to argue the claims or the facts of any of those cases??? It is laughable.
You have NO connection to the cases. You are in NO WAY “CONSTITUTIONALLY” BOUND BY THOSE DECISIONS. Nobody but the parties to that case are bound. Nobody. The very fact that they have convinced everyone that “this is the law”, and that something this preposterous is actually IN the constitution when it so clearly is NOT, is just another example of the power of brainwashing.
Judicial power is limited to the parties in the case. Period. There is no arguing about this.
The reason you are supposedly bound has NOTHING to do with the holy constitution. NOTHING. And it has nothing to do with any “judicial power”. It is a FRAUD perpetrated on you and enforced at gun point by your friends at government.
My friend, this kooky concept of being “bound” by some star chamber decision is not in the constitution for good reason.
NO sane group of people would ever voluntarily hand over such a broad power to an unelected group of people who serve for life and who the people have no control over at all! Who are then supposedly free to issue opinions about any and everything that binds them and everyone else for all time?? Please. It is asinine. To give such a power away would in and of itself be proof that the person was non compos mentis!
And no sane group of people would ever imagine that they had the power to agree to a system that purported to bind people who aren’t even born yet to decisions that haven’t been made yet by justices who aren’t even known on topics that have no limit or scope??
Think of how truly absurd that concept is.
And yet, we are told that this asinine concept is one of the very hearts of our freedom and the brilliance of our “system”! We are actually told that this is somehow a “check and balance”!! How can such an absurd concept ever be a “check and balance” on the very government that is issuing these edicts? It makes no sense. My God people will literally believe anything they are told by some “expert”.
Yet the people do all believe this nonsense because they are told it day and night by experts. And this includes all of the utterly deluded lawyers who are the WORST OFFENDERS. The people even run around telling me how this kind of thing is what we should all fight and die to save and spread around the world! That this “system of justice” is proof of the brilliance of the founders. That it makes us some beacon of freedom to the world! That is the type of thing that just makes me lmao. The back to the constitution crowd doesn’t understand the first damned thing about what they are talking about. NOTHING.
My friend, why do you think the power structure allows that nonsense about “getting back to the constitution” to be broadcast into your home or car? Why are the purveyors of this nonsense so wealthy? Do you really think it is because they care so much about you? Do you really think they’d promote and reward people espousing such things if those people were giving you advice that might actually DO SOMETHING to change the system?? Lol wake up.
The whole concept about what the supreme court can supposedly “do” when it issues an opinion is certifiable nonsense. It is imposed on you by those who rule you. It is a con designed to be sure that they can do whatever they want without legislation. Any outcome can be guaranteed. It isn’t complicated people. It is RIGHT IN FRONT OF YOUR NOSE FOR GOD’S SAKE.
But nonetheless the deluded “informed” masses run around talking about who will be the next nominee. Who will take Scalia’s place. And on and on. And they imagine themselves to be exercising some kind of civic duty by discussing this stuff! I swear if I made something this ridiculous up and put it in a movie, nobody would believe it. Honestly, I sit either laughing out loud or with my jaw on the ground when I hear the “greatest legal minds” sitting around pontificating about it endlessly and see the masses gobbling up this nonsense as though it was manna from heaven.
I’m done ranting. Lol
Now granted, I left a lot of stuff out due to time constraints, because it already takes a lot of “splaining” to even make the simplest points. But hopefully you are now able to see enough to start asking the RIGHT questions. At least See that you are IN A BOX. Stop talking about what color we need to paint the walls IN THE BOX and where to move the couch, and start thinking about why you are IN A BOX! Who put you there, and who is keeping you there. lol End of story.
It really is quite simple once you see it. And I have a secret for you. It is ALWAYS the same game they run. Don’t waste your time worrying about nonsense like whether someone is a strict constructionist or believes in a living breathing constitution. Those are all red herrings.
The reality is that people are enslaved through deceit. Yet they are so brainwashed they think I am the one who is the fool. They can’t even see the bars on their electronic cell.
I can’t take anymore talk of freedom today. I have to go catch the news to see if Obama is about to nominate someone “polarizing”.
Take care my brainwashed Brethren. Live in the light and tell someone the truth about the law. — Legalman