July 4th: What You WON'T Hear Today
The Market Ticker - Commentary on The Capital Markets
Logging in or registering will improve your experience here
Main Navigation
Display list of topics
Sarah's Resources You Should See
Sarah's Blog Buy Sarah's Pictures
Full-Text Search & Archives
Legal Disclaimer

The content on this site is provided without any warranty, express or implied. All opinions expressed on this site are those of the author and may contain errors or omissions.

NO MATERIAL HERE CONSTITUTES "INVESTMENT ADVICE" NOR IS IT A RECOMMENDATION TO BUY OR SELL ANY FINANCIAL INSTRUMENT, INCLUDING BUT NOT LIMITED TO STOCKS, OPTIONS, BONDS OR FUTURES.

The author may have a position in any company or security mentioned herein. Actions you undertake as a consequence of any analysis, opinion or advertisement on this site are your sole responsibility.

Market charts, when present, used with permission of TD Ameritrade/ThinkOrSwim Inc. Neither TD Ameritrade or ThinkOrSwim have reviewed, approved or disapproved any content herein.

The Market Ticker content may be sent unmodified to lawmakers via print or electronic means or excerpted online for non-commercial purposes provided full attribution is given and the original article source is linked to. Please contact Karl Denninger for reprint permission in other media, to republish full articles, or for any commercial use (which includes any site where advertising is displayed.)

Submissions or tips on matters of economic or political interest may be sent "over the transom" to The Editor at any time. To be considered for publication your submission must include full and correct contact information and be related to an economic or political matter of the day. All submissions become the property of The Market Ticker.

Considering sending spam? Read this first.

2018-07-04 01:00 by Karl Denninger
in Editorial , 470 references Ignore this thread
July 4th: What You WON'T Hear Today
[Comments enabled]

This piece from a few days ago tells the tale by omission.

The Declaration of Independence talked about England’s “history of repeated injuries and usurpations, all having in direct object an absolute tyranny over these states.” In response, the founders established the principle of self-government – not just by limiting the powers of government but, vitally, by decentralizing government, as enshrined in the 10th Amendment.

That virtue of decentralization has been under assault for decades by a vast, bureaucratic federal government machine that is as remote, corrupt and unaccountable as the European Union. That’s why we need mechanisms like the Convention of States to return power to the people.

Nice premise.

And a lie.

A knowing, intentional lie.

Yes, this is looking at you Meester Levin.

Here's what the Founders actually wrote:

The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

One decision specifically folks: Wickard .v. Filburn.

There is no Constitutional power for the Supreme Court to claim that:

  • It can rewrite a statute (e.g. The Affordable Care Act) so as to "save it."  Roberts claimed that judicial construction requires this.  He has no basis for that claim in the Constitution; he literally made it up out of whole cloth and got away with it.

  • It can add or remove words, or alter their plain meaning.  The entirety of the body of federal law on firearms other than aspects dealing with actual interstate commerce, is flatly unconstitutional.  Period.

  • It has jurisdiction of any sort for citizens internal to a state and its law unless said law(s) impact on a delineated and declared individual right protected by the Constitution as that inherently implicates the Federal Government's duties.  For the Supreme Court to have jurisdiction under the Constitution there must be diversity of jurisdiction at issue or where one of the parties is the US Federal Government.

The Supreme Court does not have jurisdiction otherwise.

The Constitution does not grant it and the Constitution explicitly states that it is a negative document (that is, it grants limited powers to the Federal Government while all others are explicitly prohibited.)  Period.

The Supreme Court did not have the power to rule on Roe .v. Wade, for example.  It doesn't matter whether you believe a woman has a right to choose whether to terminate a pregnancy or not; the Supreme Court has no power to compel an entirely intrastate decision on said laws and regulations because the Constitution has no such framework under which to make that decision nor does it grant such a power to the Federal Government or the Supreme Court.  It can rule on whether (for example) you can act in Interstate Commerce to produce an abortion (and answer that in the affirmative) but not whether a state can entirely within its borders regulate (or even prohibit) same.  The court found a "right" in that decision that it made up entirely out of whole cloth -- a right to "privacy" -- but note that nowhere has that "right" been applied against Google, Facebook, Amazon or for that matter the medical system itself.

The Federal government cannot regulate commerce or personal activity entirely within a given state.  The States can, but not the Federal government.  Wickard .v. Filburn was a flat usurpation of authority that never existed.  There never was and does not now exist the authority for the Federal Government to regulate any intrastate commerce.

The Federal Government knew it had to pass an Amendment, for example, to ban liquor throughout the United States; it knew there was no federal authority to do so entirely within a state otherwise.  The same applies to marijuana or any other drug, incidentally yet that's conveniently overlooked despite the fact that the Federal Government admitted through both the 18th and 21st Amendments that it had no power to regulate or prohibit intrastate production and consumption of anything, including "drugs", without an explicit grant of said power via Constitutional Amendment.

Amending the Constitution is hard -- intentionally so.  It's hard because expanding government power, especially Federal power, is a thing that should never be done lightly or without damn good cause.  Once expanded political power is almost-never removed without people being killed en-masse.  Further, history has proved time and again that most of the time the process of trying to fix those acts of usurpation not only fails it fails dramatically and the people wind up in worse condition than they were before (Nazi Germany anyone?)

The genius of America came in the form of 13 (originally) and then 50 state political experiments with wildly varying amounts of government regulation, taxation and public services.  The Federal Government was explicitly barred from intruding into nearly all matters within a given state, except for those areas specifically outlined in the Constitution and its Amendments as the Founders explicitly intended that some states would find their experiments more successful than others.  This in turn would either compel the losers to change their viewpoints or find themselves increasingly, but peacefully, marginalized for their refusal to do so as people moved from the unsuccessful to the successful states.

Wickard .v. Filburn was a raw theft of that power from the states by the Federal Government.  It should have been met with the immediate refusal by the States to acquiesce, if necessary backed by the Governors calling up their National Guard contingencies as there never was and still does not exist today jurisdiction in the Supreme Court on the matter.  The substance of this case was that Filburn was growing wheat to feed animals on his own farm.  The entire cycle of life of said wheat was contained within the boundaries of one state.  The Government claimed that because he grew it he wouldn't have to buy as much wheat on the market, that wheat was traded both nationally and internationally in the marketplace and thus his lack of need to make a purchase through his entirely intrastate actions meant it had jurisdiction.  In short the Supreme Court claimed that there was no limit on any act of the Federal government, ever, since any action or inaction by a citizen always results in some change in one's economic activity.  The mere act of taking a crap leads to "interstate commerce" under this standard and thus the Federal Government can regulate where, how and when you may do so or even tax same; you might buy toilet paper, if you use water to flush or wash your hands you might cause your local government to consume chlorine shipped across a state line to sanitize said water, etc.

The Court ripped up the entire Constitution with this decision -- and thus far, since 1942, for more than 75 years, it has gotten away with it.

Then there are decisions where the litigants lied before the court.  Miller, the seminal empowering decision for federal gun control, was one such instance.  Not only was Miller unrepresented (he was broke and nobody showed up to argue his side of the case) but the US Government directly lied to the court both orally and in written form about the lack of military application of the weapon Miller was arrested for possessing (a short-barrel shotgun), claiming it had no legitimate military or militia purpose despite having previously purchased a weapon of almost-exactly the same design, form and function by the thousands for use in trench warfare during WWI.

Roe .v. Wade was also a deliberate lie.  The claim was that Roe was raped.  We know this was a lie because Roe later disclosed same.  While that was not the foundation of the decision it clearly played into the sentiment on the court and it was not a mistake it was a lie.

Perjury is supposed to be one of the highest offenses in any civilized nation because in every single case it perverts justice, yet in neither of those cases was any subsequent notice given to same nor were the judgments vacated.  Congress could address this but has refused to even discuss it.  There are dozens of similar instances and in exactly zero of those events has a litigant ever faced justice for having done so nor has any Supreme Court decision been summarily tossed on that basis even when the lie is later admitted by the litigants or facutally proved, as was the case in both Roe and Miller.

We have a framework for not only our government but for changing how it works.  The problem is that you can no longer find it in the many linear feet of law and regulation directly contrary to the limits on power in the Constitution and nobody -- utterly nobody -- will do a damn thing about it.

No, a "Convention of States" will not address this.

Why not?

Because the highest law in the land already addresses all of it and said law is routinely and outrageously ignored without one scintilla of consequence attaching to any government agency or employee who does so -- ever -- even when they perjure themselves while under oath.

There is utterly no reason to believe, until and unless that highest law of the land is enforced, which will only happen when the people demand it be enforcedthat any such event will mean anything as whatever such a "Convention" produces will also be ignored unless it is backed up with a credible threat of force.

Why do we need a "Convention" to enforce what already exists?

So on this 4th of July, until and unless attitudes change and the people decided to enforce the black letter of the Constitution we are in fact having a celebration of Dependence day, not the converse as the Constitution is a literal dead letter.

Enjoy your beer.

Go to responses (registration required to post)
 

 
Comments.......
User: Not logged on
Login Register Top Blog Top Blog Topics FAQ
User Info July 4th: What You WON'T Hear Today in forum [Market-Ticker]
Unknownsailor
Posts: 472
Incept: 2009-04-06

Bremerton, WA
Report This As A Bad Post Add To Your Ignored User List
Linked article is not by Mark Levin, and does not mention him... O_o
12bolt
Posts: 316
Incept: 2009-08-24

Blueridge
Report This As A Bad Post Add To Your Ignored User List
Why are so many jewish people so heavily involved and invested in destroying America? Why are the mostly democrat, heavily supporting open borders *(for our country ONLY)?

IMO anybody trying to tear down our country ought to be stripped of citizenship and deported with a permaban on re-entry, on pain of death.

I care about what happens to my posterity. And yours.

This has to stop or the backlash is going to be epic.

They have their own ethno-state. We don't. If the USA falls, they can depart for Israel no problem, leaving us heritage Americans holding the bag they helped to create.

I give you the HAIS =-- Hebrew American Immigrant Society, who gets about $25 million dollars a year from the fedgov, to help their open borders agenda.

Oy vey!
Tickerguy
Posts: 153526
Incept: 2007-06-26
A True American Patriot!
Report This As A Bad Post Add To Your Ignored User List
@Unknownsailor -
Quote:
Linked article is not by Mark Levin, and does not mention him... O_o

Levin is the one who has been running the horse**** about a CoS the loudest. He's a five-alarm piece of **** and I, for one, am tired of his crap and refusal to debate the points on the table regarding same.

----------
Winding it down.
Orionrising
Posts: 68
Incept: 2017-01-26

Report This As A Bad Post Add To Your Ignored User List
https://www.theadvocate.com/new_orleans/....


Hay the feds remembered antitrust laws exist..... unfortunately not in the medical field.

protip sending an email that says don't put this in writing cause antitrust probably isn't the best plan. smiley
Fleshtrader
Posts: 16
Incept: 2007-09-07

San Jose
Report This As A Bad Post Add To Your Ignored User List
I agree. If the COS was assembled and erased all amendments past the tenth or anything else. There would be no power to implement unless the 2nd amendment was utilized by the people.
Wifi
Posts: 681
Incept: 2013-02-13

Seagrove Beach
Report This As A Bad Post Add To Your Ignored User List
Quote:
five-alarm piece of ****

smileysmileysmiley

Can I borrow that!smiley

----------
Hurricane Evacuation Plan
1.Grab Beer
2.Run Like Hell
Unknownsailor
Posts: 472
Incept: 2009-04-06

Bremerton, WA
Report This As A Bad Post Add To Your Ignored User List
Quote:
Levin is the one who has been running the horse**** about a CoS the loudest.


I agree. Levin has been calling for an Article V convention for years.

He is flat wrong to advocate for it.

The People are used to the way things are now. Or, at least are too comfortable to get up off their ass and do anything about it. For proof I offer up as prosecutors exhibit A the fact that the People, as a collective body, do not do anything with the powers available to them now to change anything.

Giving that same set of People the power to rewrite (or delete) large portions of the Constitution is flatly insane, but that is what Mark Levin wants to do.

Maybe 60 years ago that might have worked. It will not work now.
Tickerguy
Posts: 153526
Incept: 2007-06-26
A True American Patriot!
Report This As A Bad Post Add To Your Ignored User List
Wifi: Sure.

----------
Winding it down.
Daroberts
Posts: 2
Incept: 2018-04-10

Report This As A Bad Post Add To Your Ignored User List
Right of Privacy? - Sorry, but the realm of privacy has been vacated once one seeks the assistance of a state-licensed practitioner to perform a proceedure.
Maynard
Posts: 660
Incept: 2007-11-27

gig harbor wa
Report This As A Bad Post Add To Your Ignored User List
good article
Quote:
Why are so many jewish people so heavily involved and invested in destroying America?

uhhh 12bolt.....WTF
Quote:
They have their own ethno-state. We don't. If the USA falls, they can depart for Israel no problem, leaving us heritage Americans holding the bag they helped to create.
Wa9jml
Posts: 173
Incept: 2017-04-29

DeKalb, Illinois
Report This As A Bad Post Add To Your Ignored User List
Gouverneur Morris, a flaming nationalist at the Constitutional Convention, neatly rewrote a sentence that the draft Constitution had that would allow the states to propose amendments. He did this apparently to improve the "style" of the document. This move effectively neutered the states having any say in the amendment process, as the revised language required that the Congress had to initiate the amendment process, and the states could then only vote yea or nay.

I long suspected that the Convention was a counter-revolution to the overly democratic state governments. The Articles of Confederation were not really all that defective, except to nationalists. Unfortunately, George Dickinson, who wrote the draft of the Articles, and was the best legal mind in the country at that time, was very ill and could not participate all that much at the Convention. The result has been that all the prophesies of the Anti-Federalists have all been proven correct.
Ckaminski
Posts: 4733
Incept: 2011-04-08

Mass-Hole!
Report This As A Bad Post Add To Your Ignored User List
Quote:
The court found a "right" in that decision that it made up entirely out of whole cloth -- a right to "privacy"


Not going to say I disagree with how the Supreme's handling Roe v Wade, but couldn't you make the argument we have this right enshrined thanks to the 9th?
Tickerguy
Posts: 153526
Incept: 2007-06-26
A True American Patriot!
Report This As A Bad Post Add To Your Ignored User List
@CKaminski --

Maybe, but that's no how it was found. You can only read within the decision and boundaries of the page for reasoning and local justification, not make things up out of whole cloth that are not there.

----------
Winding it down.

Login Register Top Blog Top Blog Topics FAQ