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Title: Scalia Defends The Constitution, Questions The 17th Amendment
Source: WJ
URL Source: http://www.westernjournalism.com/sc ... -questions-the-17th-amendment/
Published: May 13, 2015
Author: Randy DeSoto
Post Date: 2015-05-14 19:24:59 by X-15
Keywords: Scalia, Reagan
Views: 3478
Comments: 64

Supreme Court Justice Antonin Scalia reaffirmed his commitment to defending the Constitution while speaking to the Federalist Society in his home state of New Jersey on Friday.

Scalia, the preeminent conservative firebrand of the court, told the audience it is the structure of the government under the Constitution and not the liberties guaranteed under the Bill of Rights that makes us free.

As reported by The Daily Signal: “Every tin horn dictator in the world today, every president for life, has a Bill of Rights,” said Scalia, author of the 2012 book Reading Law: The Interpretation of Legal Texts. “That’s not what makes us free; if it did, you would rather live in Zimbabwe. But you wouldn’t want to live in most countries in the world that have a Bill of Rights. What has made us free is our Constitution. Think of the word ‘constitution’; it means structure.”

Congress passed the first ten amendments to the Constitution, which became known as the Bill of Rights, during the opening months of its first session in 1789, largely following those proposed by the “Father of the Constitution,” James Madison. They were ratified by the states and became the law of the land in 1791.

Scalia argued that without the division of power created by the Constitution, the Bill of Rights, which guarantees freedom of speech and religion, the right to bear arms, protection against unlawful search and seizures, and trial by jury of one’s peers among other rights, would just be paper promises with no mechanism to enforce them.

“The genius of the American constitutional system is the dispersal of power,” he said. “Once power is centralized in one person, or one part [of government], a Bill of Rights is just words on paper.”

Scalia stands on firm ground with his observation. James Madison wrote in Federalist 51 that the best bulwark against government tyranny is structuring a system where “ambition must be made to counteract ambition.”

He observed: “In…the republic of America, the power surrendered by the people is first divided between two distinct governments [federal and state], and then the portion allotted to each subdivided among distinct and separate departments [legislative, executive, judicial]. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.”

Scalia noted that the most profound departure from the dispersal-of-power structure established under the Constitution was passage of the ratification of the 17th Amendment in 1913, which changed the method of the election of U.S. senators to the popular vote rather than by the state legislatures.

The Founders intended the House of Representatives to be the “people’s house” with elections every two years, while senators served for six year terms–their constituency being the state legislature. This ensured that senators would have no incentive to trample on the state government’s authority through federal action.

The Constitution created a federal government with certain enumerated powers, leaving all the remaining authority to the states and the people. Scalia and many other critics believe the federal government has usurped broad authority in powers left primarily to the states.

“What a difference that makes,” Scalia said. “When you have a bill that says states will not receive federal highway funds unless they raise the drinking age to 21, that bill would not pass. The states that had lower drinking ages would tell their senators, ‘You vote for that and you are out of there.’”

Repeal of the 17th Amendment is one of the proposals in radio talk show host Mark Levin’s bestselling book Liberty Amendments.

Regarding interpretation of the Constitution overall, Justice Scalia is an originalist. In other words, he believes that it is not up to courts to re-interpret the nation’s governing document, but follow what the Founders’ intended. If the Constitution or laws generally need revision, it is up to the legislative branch to do so. “When we read Shakespeare, we have a glossary. We don’t think the words have changed there, so why do we think they have changed in the Constitution?” the justice has told audiences in the past.

Justice Scalia is currently the longest serving member on the Supreme Court, having been appointed by Ronald Reagan in 1986. Anthony Kennedy is the only other Reagan appointee still serving on the high bench.

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Begin Trace Mode for Comment # 45.

#14. To: X-15, 4 (#0)

Regarding interpretation of the Constitution overall, Justice Scalia is an originalist. In other words, he believes that it is not up to courts to re-interpret the nation’s governing document, but follow what the Founders’ intended.

At shtfplan.com, Comment ID: 3361484 on April 7, 2015 at 10:54 am

The Grand Jury.

Justice Antonin Scalia writing for the majority said In the Supreme Court case of United States v. Williams, 112 S.Ct. 1735, 504 U.S. 36, 118 L.Ed.2d 352 (1992): “The grand jury is mentioned in the Bill of Rights, but not in the body of the Constitution. It has not been textually assigned, therefore, to any of the branches described in the first three Articles. It is a constitutional fixture in its own right. In fact the whole theory of its function is that it belongs to no branch of the institutional government, serving as a kind of buffer or referee between the Government and the people”.

“Thus, citizens have the unbridled right to empanel their own grand juries and present “True Bills” of indictment to a court, which is then required to commence a criminal proceeding. Our Founding Fathers presciently thereby created a “buffer” the people may rely upon for justice, when public officials, including judges, criminally violate the law.” (Misbehavior, “Good Behaviour” requirement)

“The grand jury is an institution separate from the courts, over whose functioning the courts do not preside, we think it clear that, as a general matter at least, no such “supervisory” judicial authority exists. The “common law” of the Fifth Amendment demands a traditional functioning grand jury.”

“Although the grand jury normally operates, of course, in the courthouse and under judicial auspices, its institutional relationship with the judicial branch has traditionally been, so to speak, at arm’s length. Judges’ direct involvement in the functioning of the grand jury has generally been confined to the constitutive one of calling the grand jurors together and administering their oaths of office. The grand jury’s functional independence from the judicial branch is evident both in the scope of its power to investigate criminal wrongdoing, and in the manner in which that power is exercised.”

“The grand jury ‘can investigate merely on suspicion that the law is being violated, or even because it wants assurance that it is not.’ It need not identify the offender it suspects, or even “the precise nature of the offense” it is investigating. The grand jury requires no authorization from its constituting court to initiate an investigation, nor does the prosecutor require leave of court to seek a grand jury indictment. And in its day-to-day functioning, the grand jury generally operates without the interference of a presiding judge. It swears in its own witnesses and deliberates in total secrecy.”

“Recognizing this tradition of independence, we have said the 5th Amendment’s constitutional guarantee presupposes an investigative body ‘acting independently of either prosecuting attorney or judge”

“Given the grand jury’s operational separateness from its constituting court, it should come as no surprise that we have been reluctant to invoke the judicial supervisory power as a basis for prescribing modes of grand jury procedure. Over the years, we have received many requests to exercise supervision over the grand jury’s evidence-taking process, but we have refused them all. “it would run counter to the whole history of the grand jury institution” to permit an indictment to be challenged “on the ground that there was incompetent or inadequate evidence before the grand jury.” (end quote)


And the Good Behaviour” doctrine where judges are ALLOWED to remain in office for life as long as they use “Good Behaviour” while in office.

US Constitution, Article III, Section 1: “The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.”

The US Constitution assigns what all judges, state and federal, must do to be allowed to stay in a judicial position, they are:
— Required to take, and keep an Oath(s), or a combined Oath.
— Required to “support and defend” the US Constitution and all that is in Pursuance thereof it before the duties of the office they occupy.
— Required to carry out the enumerated duties assigned to the judicial branch by the US Constitution in a constitutional manner.

That is “Good Behaviour” for judges.

GreyLmist  posted on  2015-06-03   4:38:41 ET  Reply   Untrace   Trace   Private Reply  


#19. To: All (#14)

Reposting for emphasis:

“The grand jury ‘can investigate merely on suspicion that the law is being violated, or even because it wants assurance that it is not.’ It need not identify the offender it suspects, or even “the precise nature of the offense” it is investigating. The grand jury requires no authorization from its constituting court to initiate an investigation, nor does the prosecutor require leave of court to seek a grand jury indictment. And in its day-to-day functioning, the grand jury generally operates without the interference of a presiding judge. It swears in its own witnesses and deliberates in total secrecy.”

“Recognizing this tradition of independence, we have said the 5th Amendment’s constitutional guarantee presupposes an investigative body ‘acting independently of either prosecuting attorney or judge”

GreyLmist  posted on  2015-06-03   11:34:57 ET  Reply   Untrace   Trace   Private Reply  


#22. To: GreyLmist (#19)

BTW, if a Citizen's Grand Jury tried to subpoena me or otherwise compel me, I'd tell them to stuff it...

war  posted on  2015-06-03   12:20:26 ET  Reply   Untrace   Trace   Private Reply  


#24. To: war (#22)

That sounds like you (why are you back here) but you might one day find you can't sell your car or house because they've been liened. Your commie friends at ADL and SPLC habitually scoff at the validity of CGJs while on the same page whining about how successful they are in gumming up lawless judges' personal affairs.

NeoconsNailed  posted on  2015-06-03   12:38:23 ET  Reply   Untrace   Trace   Private Reply  


#26. To: NeoconsNailed (#24)

Your commie friends at ADL and SPLC habitually scoff at the validity of CGJs

Royce Lamberth is hardly a Communist...

Your constitutional argument is specious too. Under the English system of law, which the US adopted, Grand Juries were a part of the Throne's Bench...

war  posted on  2015-06-03   12:52:30 ET  Reply   Untrace   Trace   Private Reply  


#28. To: war (#26) (Edited)

The liens get filed and honored, as they properly should since in most or all cases its when some "real" judge has refused to give justice. You always side with the establishment at a time when the establishment is the curse of the whole world!

Lots of judges ARE unreal, because they don't have a properly sworn oath or bond. When "the law" goes lawless, citizens have to take whatever action is available to them. These people are not shooting up the judges like others are, you and the Jew thought police should be thrilled with them. But you and the JTP don't care about justice, only shoring up the system.

Are you Jew, by the way?

NeoconsNailed  posted on  2015-06-03   13:01:53 ET  Reply   Untrace   Trace   Private Reply  


#30. To: NeoconsNailed (#28)

The liens get filed and honored

What liens?

war  posted on  2015-06-03   13:06:14 ET  Reply   Untrace   Trace   Private Reply  


#33. To: war (#30)

Lots. Royce should be happy to guide you.

NeoconsNailed  posted on  2015-06-03   13:07:10 ET  Reply   Untrace   Trace   Private Reply  


#34. To: NeoconsNailed (#33)

Lots.

Name one.

Royce should be happy to guide you.

He's not here right now; is he?

war  posted on  2015-06-03   13:08:24 ET  Reply   Untrace   Trace   Private Reply  


#36. To: war (#34)

He's your friend, ask him -- or just search the SPLC's sensitive, caring site.

NeoconsNailed  posted on  2015-06-03   13:12:15 ET  Reply   Untrace   Trace   Private Reply  


#40. To: NeoconsNailed (#36)

He's your friend, ask him -- or just search the SPLC's sensitive, caring site.

Anyone can file a lien.

Can you please point to a time whenever one from a CGJ was actually enforced?

war  posted on  2015-06-03   13:17:18 ET  Reply   Untrace   Trace   Private Reply  


#41. To: war (#40)

I didn't say they're enforced and I've had enough of your liberal silliness on this subject.

NeoconsNailed  posted on  2015-06-03   13:19:57 ET  Reply   Untrace   Trace   Private Reply  


#42. To: NeoconsNailed (#41)

I didn't say they're enforced

Okay...thus the context of the paper terrorism...

and I've had enough of your liberal silliness on this subject.

What's next...baseball?

The designated hitter and pitch count killed the sport...

war  posted on  2015-06-03   13:31:01 ET  Reply   Untrace   Trace   Private Reply  


#43. To: war (#42)

What's next is for you to go hang with some liberals. You're totally worthless here.

NeoconsNailed  posted on  2015-06-03   13:39:43 ET  Reply   Untrace   Trace   Private Reply  


#44. To: NeoconsNailed (#43)

What's next is for you to go hang with some liberals. You're totally worthless here.

I'm here for as long as Christine allows me to be and I thank her for every moment.

Other than that, I don't know what else to *tell* you...

war  posted on  2015-06-03   13:56:53 ET  Reply   Untrace   Trace   Private Reply  


#45. To: war (#44)

Yes, but it's worthless. Your stuff.

NeoconsNailed  posted on  2015-06-03   14:15:47 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 45.

#46. To: NeoconsNailed (#45)

Yes, but it's worthless. Your stuff.

As opposed to the *worth* of someone analyzing Obama's birth certificate?

war  posted on  2015-06-03 14:20:22 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 45.

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