The Kiss of Judice: The Constitution Betrayed–Precis

Below are precis for all four volumes and 29 sections of my treatise, The Kiss of Judice: The Constitution Betrayed which are found @

Vol. 1: http://www.amazon.com/Kiss-Judice-Constitution-Betrayed-Coro…

Vol. 2: http://www.amazon.com/Kiss-Judice-Constitution-Betrayed-Coro…

Vol. 3: http://www.amazon.com/Kiss-Judice-Constitution-Betrayed-Coro…

Vol. 4: http://www.amazon.com/Kiss-Judice-Constitution-Betrayed-Coro…

PRÉCIS FOR VOLUME 1

PROLOGUE: ● The Day the Constitution Died: “Breaking Oath and Resolution Like a Twist of Rotten Silk” ● FDR remodels the Constitution.

PART 1: ADVENT: A FEDERAL GOVERNMENT OF LIMITED POWER
(In three parts and ten sections: 1-10)

  • Powers catalogued ● Powers are textually limited in scope, by the original Constitution and the Bill of Rights

PART 1.1: THE CONSTITUTION’S LIBERTARIAN ROOTS
(In two sections: 1-2)

SECTION 1: REDISCOVERING THE UNADULTERATED CONSTITUTION AND ITS NATURAL RIGHTS PEDIGREE ● Primacy of the Constitution’s text ● Modern mythology that cases “interpreting” the Constitution are the law ● Rules for reading the Constitution ● The Coroner’s Inquest begins ● Dramatis Personae ● Constitution founded on the Declaration of Independence, which itself codified the main principles of natural rights ● Declaration reviewed by Mr. Jefferson and others.

SECTION 2: THE CONSTITUTION’S PREAMBLE: “BETTER RECOGNITION OF POPULAR RIGHTS THAN VOLUMES OF . . . APHORISMS . . . .” ● Was how Alexander Hamilton described the Preamble ● Preamble a “seamless weld” between the Declaration and the Constitution ● Key to opening the mind of the Constitution’s writers ● Preamble never to be used to enlarge government’s constitutional powers ● Controversy over whether the government was: a consolidated or supreme national government; a league or confederation of states established by the act of the states; or partly federal and partly national ● The controversy resolved.

PART 1.2: FEDERAL POWERS ENUMERATED
(In three sections: 3-5)

SECTION 3: FEDERAL LEGISLATIVE POWERS “EXTEND TO CERTAIN ENUMERATED CASES” ● Powers the Constitution actually grants congress ● Those powers extend only “to certain enumerated cases”, to use the words of Hamilton.

SECTION 4: FEDERAL EXECUTIVE POWERS: “CAREFULLY LIMITED” ● Powers the Constitution actually grants the president ● Those powers are “carefully limited” (Hamilton).

End Volume 1

PRÉCIS FOR VOLUME 2

SECTION 5: FEDERAL JUDICIAL POWERS: “CAREFULLY RESTRICTED” ● Powers the Constitution actually grants the federal courts ● Those powers are “carefully restricted” (Hamilton).

PART 1.3: LIMITATIONS ON FEDERAL POWERS (AND A WORD ON POWERS DENIED TO STATES)
(In five sections: 6-10)

SECTION 6: BILL OF RIGHTS’ AND OTHER EXPLICIT RESTRICTIONS ON FEDERAL POWER ● Enumerated federal powers are further limited by explicit restrictions in the original text and in the first ten amendments found in the Bill of Rights.

SECTION 7: RESERVATION OF A UNIVERSE OF INDIVIDUAL RIGHTS: THE 9TH AMENDMENT: “THE PEOPLE . . . RETAIN EVERYTHING” ● Enumerated federal powers are even further limited by the 9th Amendment’s reservation of unenumerated individual rights: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

SECTION 8: AN “IMMENSE MASS” OF STATE POWERS: THE 10TH AMENDMENT ● The vast scope of residual state power recognized by the Constitution ● The 10th Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

SECTION 9: POWERS DENIED TO STATES The relatively few restrictions the original Constitution sets on the powers of states, particularly the prohibition on state laws abrogating contracts, as well as the prohibitions of the later-added 14th Amendment due process, equal protection, and privileges or immunities clauses.

SECTION 10: SEPARATION OF POWERS: NECESSARY FOR “THE PRESERVATION OF LIBERTY” ● The Constitution’s separation or division of powers among the three co-equal branches of the federal Constitution: government among the congress (lawmaking), the president (law enforcement), and the courts (law application) ● The Framers weaved separation into the textual fabric as further security against abuse by one or more branches.

PRÉCIS FOR VOLUME 3

PART 2: METAMORPHOSIS: A “FEDERAL” GOVERNMENT OF UNLIMITED POWER
(In three parts and ten sections: 11-20)
● Examines, branch-by-branch, the supreme court’s role in the expansion of federal power starting with congress’s powers, then the president’s powers, and finally the court’s own powers ● The modern supreme court, acting as sort of a “continuing constitutional convention”, converted the federal government from the original one having only limited powers into the all-powerful, many-tentacled monster it is today

PART 2.1: CONGRESS: FROM LIMITED TO ABSOLUTE POWER
(In three sections: 11-13)

  • Three key clauses the court has corrupted ● The findings of §§ 11 and 12, especially, have the greatest significance for every federal taxpayer, for the general welfare and commerce clauses are the ruses routinely invoked by congress as authority for nearly 70% of all federal taxing and spending―mainly federal social welfare spending.

SECTION 11: THE GENERAL WELFARE CLAUSE: MUTATION OF RESTRAINT INTO PLENARY POWER ● Relying on the text itself and on the FEDERALIST assurances of Hamilton and Madison, shows that the “general welfare power” confers no power at all, but is a limitation on power ● Examines how the 1936-37 supreme court ignored the text and the FEDERALIST and instead transformed a limitation on power into a plenary or open-ended power for congress to tax, spend, and regulate for any purpose it deems suitable.

SECTION 12: FEDERAL COMMERCE POWER: LEVIATHAN’S DRAGNET ● Again using constitutional text and FEDERALIST explanations, demonstrates that the commerce power was designed only to regulate foreign trade and trade among the states and the Indian tribes ● Power does not give congress any authority to regulate manufacturing, mining, agriculture, or any other activity that precedes trade ● Instead, the power was designed mainly to prevent states from imposing discriminatory taxes on goods coming in from other states or nations ● Also relates how the supreme court transformed the commerce clause into a dragnet power that today is said to justify federal regulation of wheat grown for home consumption, janitors in state office buildings, and all sorts of other activities that are not themselves trade but that only affect trade.

SECTION 13: “NECESSARY AND PROPER”: “ANY EXPEDIENT WILL DO” ● Deals with the “necessary and proper” power, the misnamed “Elastic Clause” ● How all sorts of unconstitutional actions have been upheld in the name of the clause ● Clause is not only a power, but is also a limitation on power.

PART 2.2: PRESIDENT: FROM LAW ENFORCER TO LAWGIVER, JUDGE, AND SOLDIER OF FORTUNE
(In two sections: 14-15)

  • The vast expansion of limited federal executive powers ● How the court abrogated the separation of powers doctrine by allowing congress unlawfully to delegate legislative and even judicial authority to the president.

SECTION 14: DELEGATION RUN RIOT: EXORCISM OF SEPARATION OF POWERS AND ORDINATION OF PRESIDENTIAL LAWMAKING ● How the court converted the presidency and the executive branch, the administrative, law-enforcing branch of government, into a law-making and even judicial branch—in spite of the Constitution’s explicit separation of powers giving all “legislative power” to Congress and all “judicial power” to the federal courts ● How the court invested the president with fictitious plenary power where, as with congress, his only real powers are those enumerated.

SECTION 15: “RAMBO” POWER RAMPANT ● Relates the federal courts’ and congress’s complicity in the president’s usurpation of congress’s war declaration power.

PART 2.3: FEDERAL COURTS: FROM “LEAST DANGEROUS” BRANCH TO ARCHONOCRACY
(In seven sections 16-22)

  • How the court, acting purportedly under the 14th Amendment due process clause, unlawfully expanded its own limited jurisdiction mostly at the expense of state powers in violation of the 10th Amendment ● How it destroyed the obligation of contracts clause in upholding a state’s “progressive” New Deal-era legislation ● How it undermined the 9th Amendment’s reservation of individual rights ● How it went about making its own decisions, instead of the Constitution, the supreme law of the land.

SECTION 16: THE 14TH AMENDMENT AMENDED: VOODOO JURISDICTION ● The 14th was designed only to prevent discrimination by states against their own citizens in the enactment, administration, or enforcement of law ● How the supreme court used the 14th to justify its own intrusions into all sorts of matters within the exclusive domains of the states.

SECTION 17: RIP FEDERALISM ● Explains further how the supreme court tortured the 14th Amendment, especially the due process clause, by using it as authority for expanding its own “carefully restricted”, constitutional power to set aside school prayer, abortion laws, capital punishment, legislative apportionment, and a host of other matters left by the Constitution in the hands of states.

End Volume 3

PRÉCIS FOR VOLUME 4-END

SECTION 18: THE COURT’S ASSAULT ON CONTRACT ● The court’s role in the death of contracts ● One of the few restrictions the federal Constitution imposes on states is that they not pass laws “impairing the obligation of contracts.” And yet when the New Deal-era supreme court was faced with a depression-era, Minnesota debtor’s relief statute that suspended mortgage contract foreclosures, the court, mirabile dictu, found a way to hold the impairment of those contracts constitutional.

SECTION 19: FULL FAITH & CREDIT ● Defined generally ● Public acts defined ● Records defined ● Judicial proceedings defined ● Manner of proof of acts, records, and proceedings ● Effect of clause ● States generally not obliged to give extraterritorial effect to laws of other states ● In judicial proceedings, courts obliged to give res judicata effect to judgments of other states except where other state had no jurisdiction or didn’t afford due process ● “Scrivener’s Error” in 1948 statute literally requiring states to apply laws of other states even if contradictory to the state’s own laws ● The absurdity doctrine ● Full faith and credit in divorce and marriage cases ● Same sex “marriage” in one state not binding in others.

SECTION 20: THE 9TH AMENDMENT: AN “INKBLOT” (EXCEPT IN ABORTION CASES) ● The 9th: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people” ● The 9th means just what it says, namely that there is a universe of rights of which the enumerated rights are only a part ● The 9th was meant as a savings clause to preserve and protect from federal intrusion natural and common law rights not explicitly identified elsewhere in the Constitution ● While the powers of the federal government are limited by enumeration, the rights of man are open-ended.

SECTION 21: ROE AND “PROGENY” ● Hippocratic Oath ● Abortion condemned in 1588 ● History of abortion in America ● False foundation of “legal abortion”—Griswold v. Connecticut ● The barbaric Roe v. Wade ● Its reaffirmation in Planned Parenthood v. Casey ● The idiotic “mystery of life” passage ● Abortion extended to live births ● Biological case against abortion and for personhood ● The legal case ● Constitution prohibits abortion ● The three provisions which constitutionally prohibit all abortions except in the very rare case of danger to the life of the mother

SECTION 22: OTHER JURISDICTIONAL USURPATIONS BY THE COURT FOR ITSELF ● Reviews the question of the scope of federal appellate jurisdiction ● The supreme court has held that it is always the final authority on federal constitutional cases, despite the fact that the states never surrendered the concurrent authority of their highest courts to decide those constitutional cases ● Reviews the cases in which the supreme court exercised unconstitutional veto power over state courts ● Cites the cases in which the court wrongly held that almost all of the protections contained in the first nine amendments in the bill of rights are binding on states by virtue of the due process clause of the 14th Amendment ● Concludes with a discussion of the arrogant Cooper v. Aaron in which the court announced its infallibility and judicial supremacy, an exclusive supremacy greater than the Constitution itself, a supremacy that holds that the text is subordinate to the justices’ views of the text.

PART 3: NECROSIS, DEATH, RIGOR MORTIS, AND INTERMENT
(In five sections: 23-27)

  • Aimed at describing today’s wretched state of constitutional affairs, first chronicles the Ashcroft senate confirmation hearings which perhaps furnish us with the best example of the Constitution’s necrosis ● The dreadful spectacle of senatorial know-nothingism and the nominee’s timidity over offending the distinguished ignorami ● Relates the thrusts and parries in, and ultimately the dismal results of, several recent efforts at invoking and testing the Founders’ Constitution of limited power in live cases in what were at least thought to be real courts staffed with real judges who at first didn’t seem to be kangaroos ● The coroner’s attempts to fix the date of death of the Constitution.

SECTION 23: ASHCROFT HEARINGS: “PYRRHUS TESTIFIES” ● The humiliating spectacle of a “conservative” attorney general nominee promising his senatorial inquisitors not even to argue against prior rulings constitutionalizing partial birth abortions, where so-called “doctors” in our Brave New World stab the brains of newborns quick-like before the pediatrician can come on the scene ● This “kill it before it multiplies” mentality is our settled law, according to the nominee and his distinguished inquisitors ● Murder is now a preferred right, and woe be to those who interfere with it ● Pass the hemlock, please.

SECTION 24: FIELD TEST № 1: THE GOVERNMENT AND MAJOR LEAGUE BASEBALL VS. THE TAXPAYERS—INTO THE JUDICIAL BULL-PEN ● Relates the sorry details of the Bud Selig baseball tax case, in which the taxpayers struck out every time they came to bat―or perhaps more aptly, where the taxpayer team wasn’t even allowed to come out of the dugout ● The case, along with others in the book, shows not only that the Constitution is dead, but that anyone who dares bringing a case based on certain politically-incorrect parts of it, will be subjected to the rudest of treatment and even to financial terrorism.

SECTION 25: FIELD TEST № 2: JOAN OF ARC VS. IRS—OF HAMSTER NOSTRILS, HEXING STUDIES, AND THE GOVERNMENT’S OFFICIAL RENUNCIATION OF THE FEDERALIST ● Accounts how the unequivocal, original Constitution fared in a taxpayer action for refund of over-collected taxes ● Relates many of the idiotic things the government argued in the suit―such as the argument that $160,000 spent by the government on a study to determine whether drawing an “X” on one’s opponent’s chest will hex him is a valid public health and safety measure ● The government’s chilling argument (which the court implicitly accepted) that the federal government has all powers except those expressly denied, the very opposite of the founding principle and the antithesis of the 9th and 10th Amendments.

SECTION 26: FIELD TEST № 3: ANATOMY OF A JUDICIAL MURDER―OF BEANBAGS, UNNATURAL ACTS WITH SHEEP, AND A JUDICIAL PARDON FOR A GOVERNOR ● Recounts a third case in which the rule of law took another brutal beating―a case the author brought after he was fired from his post on Wisconsin’s tax court by Wisconsin’s then-governor, Tommy G. Thompson, later operating as President Bush’s Secretary of Health and Human Services, then presidential candidate, and for now at least, thank goodness, in private life. The author’s “indiscretion” was to disregard the governor’s threats to remove him from office should he rule against the state in a $150 million tax refund case then pending. He did. And sure enough, he was fired.

SECTION 27: EX-CATHEDRA: PERPETUITY OF INFALLIBLE ERROR ● Marks the date of death of the Constitution as the day the conservative and the late Chief Justice Rehnquist reaffirmed the lawless Miranda v. Arizona as an integral part of our national culture ● However, one might just as easily select the date of death as the day of decision in Planned Parenthood v. Casey, when the “conservative” court reaffirmed the abominable Roe v. Wade following more than a decade of its own harsh criticism of the case ● Both reaffirmations had the effect of endorsing the idea that even patently-unconstitutional supreme court decisions are the highest form of constitutional law, infallible, and higher than the constitutional text itself.

PART 4: REBELLION AND RESURRECTION?
(In two sections: 28-29)

SECTION 28: TWO CONSTITUTIONS: THE COURT’S VS. THE FOUNDERS’ ● A comparison of the pseudo-Constitution the supreme court has built with the real Constitution the Framers wrote ● Summarizes in tabular form how the court has replaced the true Constitution of the Framers with its own tortured Constitution ● The pervasive and lawless revisionism the supreme court has engaged in.

SECTION 29: JUDICI OFFICIUM SUUM EXCEDENTI NON PARETUR ● The ancient common law rule meaning, “No obedience is to be given a judge exceeding his office or jurisdiction” ● Reminds readers of what the Framers and other notables such as Jefferson, Lincoln, and even various supreme court justices, have said about the non-binding nature of illegitimate power ● Lays the foundation for enlightened survival, focus, mental health, and mental warfare in the Age of Usurpation and in the battle to restore the Constitution—time to hoist the Jolly Roger ● Concludes with suggested curatives such as a second constitutional convention and presents generic constitutional amendments to restore the Constitution ● In most cases, the proposed amendments have the advantage of being cast in the Framers’ own words, making them perhaps a bit more difficult for the federal expansionists to disparage.

 

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Published in: on February 5, 2015 at 10:16 am  Leave a Comment  

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