The Supreme Court: “A subtle corps of sappers and miners . . . .”— Mr. Jefferson

Fifty-four  years ago, the U.S. Supreme Court first claimed that its decisions stand on a par with the Constitution itself.

In Cooper v. Aaron, /1/ the court declared that “the federal judiciary is supreme in the exposition of the law of the Constitution, and that principle has ever since been respected by this Court and the Country as a permanent and indispensable feature of our constitutional system. It follows that the interpretation of the Fourteenth Amendment enunciated by this Court . . . is the supreme law of the land, and Art. VI of the Constitution makes it of binding effect on the States ‘any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.’” /2/

Cooper is the height of judicial arrogance. It need hardly be said, as Article 6 does, that the Constitution is the “supreme law of the land”—not the court’s interpretation of it.

Moreover, and per the rule of res judicata (“a thing decided”), any court’s decision, even one from the U.S. Supreme Court, is binding only on the parties to the case or their privies. /3/ “Privies” are “those who are partakers or have an interest in any action or thing, or any relation to another.” “Privies” are of six kinds, none of which includes the general public. /4/

Today there is hardly an eye batted over the court’s usurpation. Alas, both constitutional “scholars” and citizens alike have accepted the Cooper court’s arrogance as gospel—ignorance that is much to be lamented.


Founding Father Quotes:

Mr. Hamilton: “Whoever attentively considers the different departments of power must perceive, that in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them.” Federalist No. 78.

Mr. Jefferson: “The Judiciary of the United States is the subtle corps of sappers and miners constantly working under ground to undermine the foundations of our confederated fabric. They are construing our Constitution from a coordination of a general and special government to a general and supreme one alone.” /5/

/1/ 358 U.S. 1 (1958) @

/2/ Id. at 18.

/3/ See Black’s Law Dictionary, 5th Ed., at 1174.

/4/ Id. at 1077.

/5/ To Thomas Ritchie, vii, 192. Ford Ed., X, 170. (M., 1820) @

For more discussion on the subject of the Supreme Court’s torture of the Constitution, see The Kiss of Judice: The Constitution Betrayed: A Coroner’s Inquest and Report, @

Published in: on March 13, 2012 at 1:42 pm  Leave a Comment  

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