Temporary Linked Index To The Government By Judiciary Series

In This Series Attacking The Supreme Court's illegitimate usurpation of legislative powers and executive powers explicitly laid out and clearly assigned to the Congress and presidency and how the Court and its lower courts have used that power to continually roll back and abolish any serious attempt to deliver on the promises of the Declaration of Independence and the very promise of what was intended by the framers of the Constitution made in its first words, and they did it from the first significant use of the Marbury power in the Dred Scott decision, in decisions rolling back the first voting rights and civil rights acts of Congress made right after the Civil War - EXACTLY WHAT THE ROBERTS COURT IS DOING TO THE CIVIL RIGHTS AND VOTING RIGHTS ACTS PASSED IN THE 1960S AND REAFFIRMED BY BOTH A LATER CONGRESS AND PRESIDENT AND PREVIOUS SUPREME COURTS - and even parts of the Constitution, itself, especially the 14th Amendment - in going over this I haven't been indulging in an historical exercise,  as you can see from just this paragraph, this isn't history, this is what we're seeing the Roberts Court doing as they gut even the restraints on Trump making him a monarch with fewer legal restraints on him than were on George III when the American Revolution was fought to throw that kind of despot off.  

I hope that this contributes to a real and successful change that will once and for all abolish that Supreme Court usurpation which, for reasons I state in the series and elsewhere, many lawyers will never have the stomach for because they are, largely, cowards and they don't want so much of their professional training to need an update - which it would need.   

I think that a truly democratic Congress and a democratic President will have to nullify it on a de facto basis - a location Lincoln was trending to -  explicitly denying the legitimacy of that power of the court to usurp the Constitutionally designated powers which are given to the Congress and Presidency BUT NOT TO THE COURT.  Though, I wouldn't be surprised that as the catastrophe that the Roberts Court is inflicting on us ripens that a Constitutional amendment doing that might have some chance, though I'd expect one originating in the states might have a better chance than one in the Congress - too many lawyers in it. 

Post One - Introduction

Post Two - The Real Constitution That Rules Us, The One The Court Reinvents To Suit Whoever Sits On It

Part Three -  Why Any Progress We Win Will Be Overturned By The Supreme Court Unless The Usurped Marbury Power Is Ripped From Them

Part Four -  The "Orignalists" and "Textualists" And The Rest Of Them "Find Only What They Want To In The Constitution And Legislative Record (Clue, they don't much bother with the legislative record). 

Part Five - Voting Is Only A Means To The End Which Is Good Government, Without That  It Is Worse Than Worthless

Part Six -  Why The Framers Of The Constitution Would Not Have Dared To Include the Marbury Power In The Document 

At this point, you might want to look at the note I posted complaining that I was having trouble with getting the font size to cooperate in some of these posts.  

Part Seven - It is absurd to assume that the many avowed opponents of judicial control of legislation who sat in the Convention would have agreed to the article without a murmur had they suspected that it contained even a part of the enormous power which our judiciary now exercises

Another side trip, a quote from John Kenneth Galbraith And Why The Media Is Not The Champion Of Equality and Democracy And A Decent Life For Us All

Part Eight - How The Court Invented The Marbury Power And How Jefferson Denounced It As Having The Potential Of Becoming What It Is Now 

Part Nine - "the disastrous results attending the first important use of the federal judicial power to annul an act of Congress in the Dred Scott case"

Part Ten -  How The Marbury Power Was Used To Abolish Civil Rights Legislation After Taney Broke The Embargo On Its Use In Dred Scott - What The Roberts Court Is Doing Again And What Courts Will Continue To Use It For 

Part Eleven - "Such a power is denied to the courts, because to concede it would be to make the courts sovereign over both the constitution and the people, and convert the government into a judicial despotism"  A Warning From A Conservative On The Court 

Part Twelve -  In Which Jefferson Baldly Denied The Legitimacy Of The Marbury Power Saying That The Constitution Would Be A Suicide Pact If It Contained It

Part Thirteen - "Benevolent that despotism may be, or otherwise: that depends on the individuals who wield that power"

Part Fourteen -  Divided Courts Are Proof That The Court "Finds" What Its Members Want To "Find" In The Text - The Marbury Power Is Certainly One Of Those "Finds"

Part Fifteen - How You Can Know For Certain The Marbury Power Is Not Contained In The Constitution 

Part Sixteen -  The Rules, Truth, Reason, Even Consistency By The Members Of The Court Are Out The Window Due To Their Usurpation Of The Marbury Power Grab 

I have called this a temporary index because there are pieces I'm either sketching out or thinking about that might be included in the future.   I don't think I left any important posts out of it.