Posts tagged ‘Marbury v. Madison’

April 14, 2012

The DC Folly Trolley

Congressman Poe and Governor Mitt Romney

Congressman Poe and Governor Mitt Romney (Photo credit: Wikipedia)

Two of Mitt Romney’s greatest political assets are his hair stylist and his dentist.

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A Republican judge on the 5th Circuit Court of Appeals sent an ultimatum to the US Department of Justice demanding a clarification within three days of President Obama’s statement that if the Supreme Court overturns the Affordable Care Act, the decision would represent an extraordinary step of judicial activism.

This guy, some judge named Jerry Smith (isn’t he a comedian;  or am I thinking of the circus clown) sent a letter demanding an explanation within three days of the president’s statement and whether Attorney General Eric Holder believes Federal courts can declare laws unconstitutional.

Frightened as they have always been of the slightest criticism from Fox News and Republican growling in general, the AG responded to the ultimatum presumably with a three page, single spaced letter by noon Thursday as the judge stipulated.

According to UPW News White House Senior Correspondent Marcy Popindick, the letter to this right wing judge began with the words “bafangool, asshole, it’s none of your goddamn business what the president thinks about anything.”

Later in the day Ms. Popindick withdrew her earlier report when she learned that the letter represented the usual White House suck up to Republican demands.

The reality here is that the judge himself violated the Constitution by encroaching on the document’s “separation of powers” imperative.

Moreover, the fact is that no Federal court has the Constitutional authority to overturn any law whatsoever.  That power is at best extra-Constitutional, if not itself unconstitutional.

The power of judicial review devolves from a decision of the Court headed by Chief Justice John Marshall, who declared an act of Congress unconstitutional in the now famous case of Marbury v. Madison.  At best, that power is based on precedent and tradition.  Given the penchant of right wing justices toward judicial activism and their rush to overturn precedent, there is no legal reason an activist president could not reject the Court’s activist decision since the Court has no Constitutional authority to interfere with the powers and obligations a president derives from the Constitution nor to undue the powers of Congress to pass legislation by declaring acts unconstitutional.

William MarburyWilliam Marbury (Photo credit: Wikipedia)

William Marbury (Photo credit: Wikipedia). This is a painting of the famous Marbury whose case before John Marshall’s Supreme Court gave to the Court the enormous and extra-constitutional power to declare acts of Congress unconstitutional.

Moreover, the men who drew up the Constitution were well of aware of the concept of judicial review.  Several state legislatures included that power in their documents.  It can be inferred then that the men, knowing the power existed, deliberately omitted it from the Federal Constitution.

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Numerous religious groups have wanted Christian prayer restored in public schools for decades.  Now they insisting that The Bible be read in the classroom.

The goal of course has always been to force Christian beliefs on persons who prefer not to partake of the ideas and myths of Christianity.

Can Christians pray in public schools?  Yes, absolutely.  A student can simply bow his head and pray privately at the beginning of every class if he so desires.

Christian students can pray on a school bus in the same manner.

If they are driven to school by parents, they can pray continuously during the drive.

By rising an hour earlier, Christians can go to church and pray every day.  Get up an hour earlier to go pray!!!!!  Are you shittin’ me!!!

By the way, Christians can go to any courtroom in the land and pray.  They can simply take a seat on a bench in the back of the court and bow their heads in prayer.  How many Christians avail themselves of that practice?  I would venture to say none.

The reason of course is that the purpose of the Christian is to stand in front of a group and to force people to pray in the way the Christian commands them to.  Nothing less will suffice.

So, given the power of the pulpit, we might all just as well put on our prayer shoes and learn the Christian way of praying.

As a matter of fact, you might want to purchase a rosary for yourself and every member of your family since projections indicate that a majority of Christians will soon be adherents of Catholicism.

File:Rosari 2.jpg

Ancient Catholic rosary beads.

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Alan We-est has a brain
EE eye ee eye oh
And from that brain escaped a thought
EE eye ee eye oh
‘Bout a commie commie here
And a commie commie there
Here a commie there a commie
Everywhere a commie commie
Alan We-est had a brain
EE eye ee eye oh.

Now the foregoing may be pretty simpleminded.  But it’s a better idea than West ever had.

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Baboons have reading skills.  So says Jonathan Grainger, the scientist in charge of the research project.  The animals can distinguish actual words from random letter forms.

According to UPW Senior Science Reporter Chocolotta Chippie, the baboons don’t like Shakespeare or poetry.  They also vote Republican.  In fact, GOP operatives have a massive campaign underway to register baboons before the November elections.