Many freedom seekers suffer under the illusion that the Constitution and Bill of Rights are not, and never were, open to free interpretation by the Federal judiciary and its Supreme Court, and thus waste much valuable time and resources fighting the system "for their rights" etc. [See also my previous blog "You've Never Had Any Rights: Three Good Reasons Why The US Constitution and Bill of Rights are Not Worth the Paper They Were Written On" ]
The article linked to here["1789" by Jim Davies] shows how wrong they are and explains how the Bill of Rights, which , by itself would have effectively limited the scope of the federal courts entirely to the two crimes listed in the constitution itself, [piracy and treason],leaving all other criminal prosecutions to individual states, was effectively gotten around [i.e subverted] by the exact same persons who drafted the Bill of Rights.
Important Chronology
The Judiciary Act of 1789 was signed into law on Sept.24th. 1789, while the Bill of Rights did not leave congress until the next day,Sept 25th 1789.
Keep in mind that the same people who passed the Judiciary Act into immediate law of the land status, were, at the exact same time busy putting the final touches on a document [the Bill of Rights] which they knew had to be ratified by the individual states before it ever [if ever!]became law . That ratification of the Bill of Rights took almost 2 years.
That means that for almost two years before the Bill of Rights ever went into effect, a Federal law was in operation that already, pre-emptively, granted "supreme" power to the Supreme court to ultimately decide what both it and the constitution actually "meant". [ And who decides who sits on the Supreme court?].
Also,bear in mind that the Judiciary Act accomplished the exact opposite of the intent of the Bill of Rights,most of which was concerned with placing severe limitations on the jurisdiction of federal courts and the evidentiary procedures that could be used to prosecute the only two constitutionally specified federal crimes - treason and piracy.
Section 25 of the Judiciary Act of 1789 granted overriding power to the Supreme Court to ultimately"interpret" the Constitution and Bill of Rights, deciding what they meant on a case by case basis, effectively filling in the huge gaps in Article 3 of the Constitution itself, where , despite what most today imagine, no overriding,specific authority for the Federal judiciary to decide/interpret the "law of the land" was ever actually granted {except in cases of piracy or treason}
You have to hand it to them- one hell of an "end run" around the supposed "constitutional limits" and the far more restrictive language of the Bill of Rights!
- Regards, onebornfree.
Link to article by JimDavies: "1789"
