"Civil rights law has become a second constitution, with powers that can be used to override the Constitution of 1787"

[gwalchmai]

This interesting essay from Hillsdale expresses my feelings about our current political schism better than I can.

Quote

In explaining the constitutional order that we see today, I’d like to focus on just two of its characteristics.

First, it has a moral element, almost a metaphysical element, that is usually more typical of theocracies than of secular republics. As we’ve discussed, civil rights law gave bureaucrats and judges emergency powers to override the normal constitutional order, bypassing democracy. But the key question is: Under what conditions is the government authorized to activate these emergency powers? It is a question that has been much studied by political thinkers in Europe. Usually when European governments of the past bypassed their constitutions by declaring emergencies, it was on the grounds of a military threat or a threat to public order. But in America, as our way of governing has evolved since 1964, emergencies are declared on a moral basis: people are suffering; their newly discovered rights are being denied. America can’t wait anymore for the ordinary democratic process to take its course.

More at the link.

[janice6]

2 hours ago, gwalchmai said:

This interesting essay from Hillsdale expresses my feelings about our current political schism better than I can.

More at the link.

In the interest of fairness, Equality will be sacrificed.

[Dric902]

That part of the Constitution that says

”Congress shall make laws”

yeah, that could have been explained a little better

 

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[Cheygriz]

Whadda ya do when a damned judge days, "The congress refused to act on this matter, leaving the courts no choice."  REALLY????

[holyjohnson]

if they stopped Ignoring the Ninth Amendment that`d be a great start at realizing Civil Rights were already in the Constitution, just not the way Progressives need to Define 'Civil Rights' or how to implement them.

 

[janice6]

1 hour ago, Cheygriz said:

Whadda ya do when a damned judge days, "The congress refused to act on this matter, leaving the courts no choice."  REALLY????

The judicial branch seem to have forgotten that the Congress makes the laws and they just interpret them.  If the courts are not happy with their purpose in government, they don't have the power to change that.  The judicial branch wasn't granted the power to create laws, yet the now do through "creative interpretation"..

Each branch seems to be so fed up with the other that they are chewing away at each other's powers.   Who controls the courts!

[janice6]

It seems that we are in an unique position, where two branches of government hate the third branch so much that they don't actually coordinate with each other, but work independently against the third.  I don't think this is the way "cheques and balances" was supposed to work.

[Dric902]

2 hours ago, janice6 said:

The judicial branch seem to have forgotten that the Congress makes the laws and they just interpret them.  If the courts are not happy with their purpose in government, they don't have the power to change that.  The judicial branch wasn't granted the power to create laws, yet the now do through "creative interpretation"..

Each branch seems to be so fed up with the other that they are chewing away at each other's powers.   Who controls the courts!

That’s how we got the Imperial Presidency

Congress didn’t want to make the hard decisions and kept pushing more and more authority to the Executive 

https://hotair.com/archives/taylormillard/2020/02/02/growing-imperial-presidency-congress-can-stop/

http://fw-d7-freedomworks-org.s3.amazonaws.com/IB_1_2020_Restoring_the_Balance_of_Powers.pdf
it’s a long read, but well worth it.

no, it isn’t Trump bashing. They go back to Teddy Roosevelt and even Jefferson 

 

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[railfancwb]

Thanks again, LBJ!