. . .
J “I had the good fortune to listen to the debate from the perspective of someone who has not been inside an American law school. As I recall from inside an American high school, Federalist Paper Number 78 courtesy of Alexander Hamilton discusses the role, albeit limited, of the judiciary. Fourteen years after the drafting of the Constitution in 1789, the Supreme Court in 1803 in Marbury v. Madison advanced a doctrine of robust judicial review. The federal courts have the solemn task of determining whether acts are constitutional and what must be done if acts are contrary to the Constitution. Even a hard-core Originalist who looks only at the text of the Constitution, the Federalist Papers and possibly other then contemporary publications does not dispute that robust judicial review is part of the settled analytical framework of the Constitution. The Elections Clause language vests the decision in the state legislatures. The Petitioners argue that the analysis stops there. However, the Elections Clause language does not preclude judicial review by any court. In addition, the analytical framework of the United States Constitution includes robust judicial review as a matter of settled practice in the Republic. Nothing in the Elections Clause precludes a state supreme court from following the same analytical framework allowing for robust judicial review of the state’s legislative action. The Petitioners sought . . . judicial review by the United States Supreme Court of the North Carolina Supreme Court’s . . . judicial review of actions taken by the North Carolina legislature. Petitioners did not challenge the actual decision of the North Carolina Supreme Court, only the decision to decide. Dismiss the petition as contrary to the text, logic, structure and history of the Clause and the Constitution, I say.”
K “I had the good fortune to attend the show in person and from the perspective of someone who kept everything in perspective while in an American law school. That is also my take. The specific provision is neither incomplete nor unartfully drafted. It says what it says on the topic but need not and does not need to say anything more. John Marshall’s statue dominates the inside of the Court. Any true conservative would affirm his great contribution to the development of the American court system. The acts by state legislatures pursuant to the Clause are subject to state judicial review.”
. . .
K “Nice to be agreeing on something again.”
J “I am pleased you see it my way.”
. . .
[See the e-commentary involving the goal of the Beautiful Game discussed at Expanding The Goal In Soccer (July 18, 2022).]
Bumper stickers of the week:
Beau jeu
The Twitter Files Are The Pentagon Papers Of Today
Moore v. Harper: Say what?
Free Assange
e-commentary 
Does Any Institution In America Function? Oh, And Happy Friday The 13th! (December 9, 2019)
Posted in Academia, Banks and Banking System, Congress, Democrats, Federal Courts, Federal Reserve, Institutions, Jurisprudence Award, Kleptocracy, Law, Medicine, MIC, MICAC, Military, MSM, Noble Prize in Jurisprudence, Pushitzer, Pushitzer Prize In Commentary, Republicans, Supreme Court on December 9, 2019 by e-commentary.org. . .
J “I need one more day.”
. . .
K “You don’t have to name three, just nominate one.”
J “One institution after the other after the other after the other after the other after the other after the other has failed and continues to fail. And that is even after lowering the standards to the point that the bar is on the floor. One more day, I need.”
. . .
K “The legal system at every level is a fraud and a racket. We live in a country with many, many, many rules and many, many, many laws, but we do not live in a country that believes in or adheres to the rule of law. There is no law, there is only ideology.”
J “The medical and health care / sick careless system is a racket and a fraud. I drive by the health insurance company skyscraper and reflect that not one person in the monolith has ever applied a band aid to a patient. There is no care, there is only profitability.”
. . .
K “The economic system is rigged at every step and turn to loot every last dollar from the people for the benefit of the Kleptocrats. What is the end game for the expendable consumers who soon will have nothing left to bleed?”
J “The MSM media is a wholly owned subsidiary of the Kleptocrats. The message is tightly controlled by obedient droves of stenographers. As a first step, everyone should skip ‘The Wall Street Journal’ and jump over to ‘Wall Street On Parade’ produced by Pam Martens and Russ Martens.”
K “Academia is a substantially owned subsidiary of the Kleptocrats. The message on the critical issues is also controlled and shaped by the corporate sponsors. The campus buildings are all named for brigands; their kids and grandkids are admitted to skip the classes conducted in the namesake halls. The hallowed halls are hollow holes. The MIC is now expanded to include Congress and Academia in the MICAC.”
. . .
K “Every agency from the Federal Aviation Administration (FAA) to the Federal Maritime Commission (FMC) – in the air and on the sea – is corrupt and incompetent. Regulatory capture exists at just about every regulatory agency.”
J “Furlough the ‘L’ out of the Bureau of Labor Statistics (B“L”S). To determine the real rates of unemployment, a citizen must search in the shadows at “Shadow Government Statistics” prepared and analyzed by the dedicated and informed John Williams.”
K “And then there is the Federal Reserve. Probably no other institution, less one and perhaps two, has inflicted more grief and despair on the ordinary citizen with less publicity and notoriety than the Federal Reserve.”
J “And related agencies such as the Securities And Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), and the Federal Deposit Insurance Corporation (FDIC) are pernicious because they fool the citizen into believing that someone is watching out for him or her.”
K “And the Department of Defense (DoD) exists primarily to spend money, drop bombs, and kill people but not to provide for the common defense.”
. . .
J “The CIA and the FBI are a threat to every citizen at home and abroad and now may be affiliated with and advancing the interests of one political party.”
K “The police in every burg and borough are paramilitary forces occupying the city and the county and the country. Very few understand that the real Occupy movement in America grinds on.”
. . .
K “Even many of the vaunted NGOs (Non-Governmental Organizations) surreptitiously serve the government’s interests. The Organisation for the Prohibition of Chemical Weapons (OPCW) is a front for the MICAC and shielded by the MSM that advances the propaganda.”
. . .
J “Local EMTs and fire departments are generally contributing to the public good.”
. . .
J “The National Credit Union Administration (NCUA) is a credit worthy institution administering its duties dutifully.”
K “Despite unrelenting opposition from the White House, Republicans and industry, the Environmental Protection Agency (EPA) is doing what it can to reduce the plundering and the pummeling of the Planet.”
. . .
K “The ACLU is fighting the good fight.”
J “Planned Parenthood is improving our plight.”
. . .
[See “Journalist: Newsweek Suppressed OPCW Scandal And Threatened Me With Legal Action” and other articles in “caitlinjohnstone.com” by Caitlin Johnstone, the 2019 recipient of the Pushitzer Prize In Commentary, dated December 8, 2019 and the discussion of e-con-omics in “Against Economics” in “The New York Review of Books” by David Graeber dated December 5, 2019.]
[See the e-commentary at “Here Comes Da Judge; Dere Goes Da Justice (August 31, 2015)”, “The FBI File: The American Imprimatur Of Success (January 18, 2016)”, “Suing Law Schools; Suing Gun Makers. Oh, And Happy Law Day! (April 30, 2018)” and “Clinton, Inc., Trump, Inc., Bush, Inc., Kennedy, Inc., O’Bama, Inc. (October 24, 2016)”.]
Bumper stickers of the week:
“Every great cause begins as a movement, becomes a business, and eventually degenerates into a racket.” Eric Hoffer
America is a racket not a republic.
“If the misery of the poor not be caused by the laws of nature, but by our institutions, great is our sin.” Charles Darwin
There is nothing you can do to make any material change of any kind in any way today.
“Start where you are. Use what you have. Do what you can.” Arthur Ashe
Leave a comment »