"To consider the judges as the ultimate arbiters of all constitutional questions is a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy."
(Letter from Thomas Jefferson to William Charles Jarvis (Sept. 28,1820) in 15 The Writings of Thomas Jefferson 276, 277(Andrew A. Lipscomb & Albert Ellery Bergh eds., 1904) )
What modern judges think,
"Like the character of an individual, the legitimacy of the Court must be earned over time. So, indeed, must be the character of a Nation of people who aspire to live according to the rule of law. Their belief in themselves as such a people is not readily separable from their understanding of the Court INVESTED WITH THE AUTHORITY TO DECIDE THEIR CONSTITUTIONAL CASES AND SPEAK BEFORE ALL OTHERS FOR THEIR CONSTITUTIONAL IDEALS."
112 S. Ct. 2816 (1992) (emphasis added) Planned Parenthood of Southeastern Pennsylvania v. Casey
Leftist totalitarians will make all your discriminations for you. And the nicety of them for doing that. They are just looking out for you and defining the text of the Constitution for you. It is a good thing they are there because they are the only ones who know what portions of a text emit penumbras. I wonder if their own judicial opinions written in text also emit lil' penumbras that can mean whatever a reader wants them to mean? How about I make that text emit the penumbra, "The people who wrote this text are arrogant retards."
Or would that be a penumbra of the penumbra?
Lincoln notes the view of modern judges,
"[I]f the policy of the government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court . . . the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal."
(Abraham Lincoln, First Inaugural Address (Mar. 4, 1861), reprinted in INAUGURAL ADDRESSES OF THE PRESIDENTOF THE UNITED STATES FROM GEORGE WASHINGTON1789 TO GEORGE BUSH 1989, S. DOC. No.10, 101st Cong., 1st Sess. 133, 139 (1989))
"I had rather ask an enlargement of power from the nation, where it is found necessary, than to assume it by a construction which would make our powers boundless. Our peculiar security is in possession of a written Constitution. Let us not make it a blank paper by construction . . . . I confess, then, I think it important, in the present case, . . . to set an example against broad construction by appealing for new power to the people."
(Letter from Thomas Jefferson to Wilson Cary Nicholas (Sept. 7, 1803), in 8 THE WRITINGS OF THOMASJEFFERSON 247-28 (Paul L. Ford ed., 1897)
What limits judicial socialists is what they will want to use whatever power they have to attack. For then the pet penumbras of such a fascist will be safe.
The Creator makes Right unalienable and text to have transcendent meaning and so the modern judge will have a sort of visceral reaction on this. So "God" is a dirty word to the modern socialist judge. Yet, a person running down the street naked, pornography, throwing excrement around and that sort of thing is to be called "speech" and it must be safeguarded by the same moral degenerate. Odd, yet this is what they do. The Founding Fathers did not say or indicate that was "speech." It's the modern judge that does.
Separation of church and the body politic was based on a religious rationale of freedom of conscience, like separation of mind and body. If your mind, your spirit, merges with your body then it ceases to be what it is.
The philosophy of the Founders is totally inverted by the modern moral degenerates. Instead, they are arguing that separation of church and state means that the body politic is superior to the churches and the churches are or ought to be irrelevant. In contrast, the political philosophers wanted the separation and freedom of thought so that thinking could then come back to the body politic to have its impact on it.
So they say things like this:
"God who gave us life gave us liberty. And can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are of the gift of God? That they are not to be violated but with His wrath? Indeed, I tremble for my country when I reflect that God is just; that His justice cannot sleep forever."
Thomas Jefferson,In his Notes on the State of Virginia
"The belief in God all powerful wise and good, is so essential to the moral order of the world and to the happiness of man, that arguments which enforce it cannot be drawn from too many sources nor adapted with too much solicitude to the different characters and capacities to be impressed with it." --James Madison
"Republican government presupposes the existence of [virtue] in a higher degree than any other form."
(THE FEDERALIST No. 55, at 346 (JAMES MADISON)
(Clinton Rossiter and Charles Kesler eds., Mentor 1999)
"Have you ever found in history, one single example of a Nation thoroughly corrupted that was afterwards restored to virtue? ....And without virtue, there can be no political liberty....Will you tell me how to prevent luxury from producing effeminacy, intoxication, extravagance, vice and folly? ....I believe no effort in favor of virtue is lost."
--John Adams, this is essentially his summary of the gay lifestyle that seems not so gay.
"A general dissolution of principles and manners will more surely overthrow the liberties of America than the whole force of the common enemy. While the people are virtuous they cannot be subdued; but when they lose their virtue they will be ready to surrender their liberties to the first external or internal invader..... If virtue and knowledge are diffused among the people, they will never be enslaved. This will be their great security." --Samuel Adams
Although Americans do some talking about virtue and what not, on the whole, the modern American is still likely to be a moral degenerate. Look to the American cities, there is greater insecurity where there is decadence. Look at the Netherlands in general, their Liberty is draining away like water as they have been decadent for some time.
Eat drink and be merry, for tomorrow you will die from doing so.