Comment

Comment by Valerie Eggers on March 10, 2010 at 3:44pm

Mike thanks so much for your explanation. You must be an attorney, are you a Constituional expert as well?

It seems as though the Legal Tenders case all but stripped the power from the Supreme Court whom, it also seems, willingly relinquished it.

So, Congress has the power to interpret the Constitution, is that correct?

Is a "doctrine" actual legislation or is it policy? I refer to the "living document" issue. Even the term "living" is subject to interpretation isn't it? The bible is considered "living" but is not subject to actual change. For me the living aspect of the Constitution is interpreted to mean that it's words are so timeless that it can be applied to any era. I guess that wouldn't fly with the liberals. I don't believe that "living" means "morphing" or malleable.

It seems the Federal Supreme Court has become little more then a "place saver" for that third, and I think, preeminent branch of government.

I realize that we must fight this battle by getting the correct people in meaningful positions. But that process seems riddled with pitfalls. We never really know who people are until they are in office. And, the person that starts out one way is subject to all sorts of pressure to "go along to get along." Before you know it we don't even recognize that person.

Time is another issue. This administration moves at warp speed in its efforts to, in my view, to "transform" ie "over turn," what is or has always been intrinsically American.

Comment by Jim Robinson on March 10, 2010 at 11:34am

I just received Napolitano's new book, "Lies The Government Told You: Myth, Power, and Deception in American History." Great book! If you don't have it, get it! But expect the Judge to challenge what you thought you already knew about American History and Judicial Activism.

Comment by Mike Mott on December 15, 2009 at 9:19am

Valerie asks: "How does our government get away with so many unconstitutional legislation?" An interesting question. Did you know that Jefferson said, in essence, that it was up to each branch of the Federal Government to determine for itself what was constitutional and what was not. He was speaking of (as I recall) the SCOTUS decision in Marbury vs. Madison in which the court took for itself the doctrine of judicial review -- that is, the court said it was the final word on what was constitutional.

As Jefferson noted, correctly I believe, once the court (or I am sure he would say any other branch) became the FINAL arbiter then that branch became preeminent within the Federal Government. That is exactly what has happened.

Since this has fallen under the doctrine of judicial review then whether, or not, the law is unconstitutional is determined by the legal process. It then turns out that 9 judges, who are appointed for life, say what the Constitution means. In the Legal Tenders case (1871, as I recall) the Supreme Court said that Congress was not constrained by its enumerated powers, but rather could legislate on anything it deemed necessary and proper to fulfill its legislative role under the Constitution. The practical effect is that between Marbury vs Madison and Legal Tenders it is now up to the government to decide what is unconstitutional. With the liberal doctrine of a living Constitution (who knew that paper breaths?) there are no rules remaining. To know this is profoundly wrong one needs only read the history of our country to understand that arbitrary decisions by the British government was one of the key reasons that the Founders declared their independence.

My own characterization is that we have drifted very far from the Constitution over the past 150 years. Getting it back is going to require those of us who believe in America, as the Founders intended it to be (whatever that is exactly, but it certainly isn't what we have), must get engaged in the political process and elect leaders who will restore sanity to the government.

Those in the quiet middle and those on the right have allowed a few activist nutjobs on the left to assume control. My own opinion on this is that the center and the left were busy working to support the nutballs on the left who could then make trouble. Now we have to take time from our work, take time from our precious families, and take time from our leisure to elect people who will put our country back onto the path to prosperity -- not for ourselves, but for our children and grandchildren.

Comment by cesidio on November 17, 2009 at 10:20pm

http://reason.com/archives/2009/11/16/kiss-your-freedoms-goodbye-if

Judge Nap tells it like it is. God help the lightweights like Sotomayor on the Supreme Court if this guy ever gets the nod.

Comment by Carmen Zone on November 12, 2009 at 10:09am

- We Can't Sit Back and Allow the Loss of Our Freedoms
by Andrew Napolitano
In the next few weeks, I will be giving a public class on Constitutional Law here on the Fox News Channel, on the Fox Business Network, on Foxnews.com, and on Fox Nation.

http://www.foxnews.com/opinion/2009/11/10/judge-andrew-napolitano-h...

Comment by Kay T. Hazelwood on October 5, 2009 at 12:13pm

Thanks to you, I have a renewed interest in our great Constitution. My Grandson started Kindergarden this year and I sent him a copy and ask his Dad and Mom to start reading and explaining it to him.

I wish you would do a childrens' DVD, explaining the Constitution to our young (and older) citizens.

We appreciate all you do for us.

Kay Hazelwood
Greensboro, NC

Comment by Valerie Eggers on September 27, 2009 at 1:30am

I know Obama has spent a bunch to protect his birth and educational records but it's got to be more then that protecting him. I'm sure it would be a treacherous undertaking to uncover what that protection actually is. I guess even at this stage in my life I'd like to believe in heros.

Arent there "public servants" with the courage to take this on without snickering or in spite of the snickering and God knows what else they'd have to face. I don't think lay people can do it because they sure have been trying w/o much sucess.

Where are our representatives who each took an oath to the Constitution? That document needs support badly.

Our forefathers left it to us to protect us and this republic and NO ONE is using it for that purpose. The US Supreme Court gets more and more liberal and we all know what that means for the Constitution.

Where are the Americans????

Comment by Valerie Eggers on September 26, 2009 at 8:45pm

How does our government get away with so many unconstitutional legislation? Is it the fault of the people? And...why isn't ANYONE taking Obama's eligibility issue seriously enough to make it high profile?? Instead the people who only want the truth are ridiculed. Well, I want the truth. How do we support and strengthen the Constitution????? Please there must be some answers.