A Congress that Took the Oath Seriously would Impeach Judge Richard Posner

[ https://www.oathkeepers.org ] 


[ Posner spreads his judicial subversion to elite Harvard law students eager to learn from a master. (Photo credit: chensiyuan: Creative Commons/GNU Free Documentation License) ]


by: David Codrea 

“I see absolutely no value to a judge of spending decades, years, months, weeks, day, hours, minutes, or seconds studying the Constitution, the history of its enactment, its amendments, and its implementation (across the centuries—well, just a little more than two centuries, and of course less for many of the amendments),” Seventh Circuit Judge Richard Posner writes in Slate.  “Eighteenth-century guys, however smart, could not foresee the culture, technology, etc., of the 21st century. Which means that the original Constitution, the Bill of Rights, and the post–Civil War amendments (including the 14th), do not speak to today.”
Constitutional scholar Josh Blackman, Associate Professor of Law at the South Texas College of Law, noted Posner’s judgment on the oath he freely took in order to gain power:

It’s funny to talk about the oath judges take to uphold the constitution since the Supreme Court has transformed the Constitution in its decisions. The oath is not really to the original constitution, or to the constitution as amended. It is to some body of law created by the Supreme Court. You can forget about the oath. That is not of significance.

That’s evident from a judicial officer whose views put Al Gore’s “living Constitution” on steroids. Per Posner, the Constitution is what those in power say it is. They define what powers they will assume and what “rights” they will recognize.

That’s tyranny. And Posner is a demonstrable oath-breaker. He is unfit to pass judgment on any American, and certainly unfit to weigh in on what rights we have and how they are to be exercised.
A Congress with integrity and guts would impeach him.
It’s been done before, and for less existential reasons than total disregard for the Constitution — something he had no intention of upholding when he swore that he would.
That Congress won’t, that no one will even introduce articles of impeachment, says much about how little regard “our” representatives have for their own oaths of office, which outrageously, is no great surprise to anyone. We might — maybe, but more likely not — be able to get a majority in the House needed to pass such a resolution, but the Senate as currently constituted would never be able to get anywhere near the 2/3 vote needed for a conviction.
Still, the process could be useful to flush those who agree with Posner out of the woodwork, and be especially instrumental at outing “progressive” Republican infiltrators (not that we can’t already tell by examining their legislative records). It could also put so-called (and fictional) “Blue Dog/Conservative” Democrats on the spot with non-urban constituencies that still hold on to many traditional American values.

That said, nothing will happen unless politicians sense a demand from their constituents with a credible “or else” attached to it. The only time most ever “lead” is when they’re pushed from behind or when they sense a payoff worth the risk. Without massive support for an effort capable of reaching millions and persuading them to act, don’t look for that push to happen.
Instead, look for Judge Posner, and innumerable judges like him, to continue subversive activism from the bench and total disregard for the Constitution they swore an oath to uphold. Were it any different, “shall not be infringed” would have ended the legal discussion on gun owner control the first time the subject came up.
UPDATE: On that score, I’m reminded that Posner ruled favorably on concealed carry in Moore v Madigan. He even had pretty good reasoning, and referenced originalist conditions along with later precedents. That said, applying his “standard” of ignoring the Constitution and disparaging the oath is too fundamentally dangerous to tolerate, as that’s also embraced by judges who would make an opposite ruling.

NOTE FROM STEWART RHODES:
David’s excellent article highlights why I founded Oath Keepers.   From my own experience working on the DC staff of Congressman Ron Paul and then attending Yale Law School, it became abundantly clear that few people, of either party, in politics or the law, gave a damn about the Constitution and we needed to focus instead on the American warrior class – the military, police, and first responders at the tip of the spear, to get as many of them to side with liberty as possible, to throw a monkeywrench into the treasonous plans of the elites.  At least Posner is honest about his treason, when he says:

It’s funny to talk about the oath judges take to uphold the constitution since the Supreme Court has transformed the Constitution in its decisions. The oath is not really to the original constitution, or to the constitution as amended. It is to some body of law created by the Supreme Court. You can forget about the oath. That is not of significance.

So, Posner admits that he and other judges operate as if their oath was really “I will support and defend whatever the Supreme Court majority says.”  And for the Supreme Court, those laywers in dresses operate as if their own oath was “I will support and defend whatever I think is right, and if I can get the majority to agree with me, that is what the Constitution will be – whatever we say, goes” so for them it is really “I will support and defend whatever we think is right.”

I am glad that Posner is so open about his treason.   That just makes it easier for us to point out the illegitimacy of the entire current batch of usurping tyrant lawyers in dresses across the board (and ditto for their lying lawyer pals in Congress, and in the Executive Branch.  The “bipartisan” assault on the Constitution by the PATRIOT Act and the NDAA of 2012 is all you should need to see that both parties are in on the gang raping of lady Liberty, with at least 90% of them in violation of their oaths).  Personally, I am glad that I am no longer a lawyer, since it is now a corrupt profession, that with few exceptions, is an enthusiastic participant in the destruction of our Republic.  The only thing that could make me feel dirtier would be to be a sitting member of Congress.

They and their decrees deserve zero respect, and the only question that needs to be in our minds is how do we best expose them and how do we best organize the greatest number of our fellow Americans possible to nullify, resist, and defy their morally and legally bankrupt and null and void decrees (remember, as the Supreme Court itself said many times in the past, any act of government contrary to the Constitution is null and void from inception).
I believe the best starting point is re-read what Jefferson and Madison had to say in the Kentucky and Virginia Resolutions about the obligations of the states to resist and interpose to defend their people from federal tyranny.  And then we need to apply those same principles not just at the level of the state legislature and governor (where possible in this corrupt “two party system”), but also down at the individual, community, town, and county levels (as we have seen with constitutional sheriffs preemptively declaring their refusal to enforce or allow the enforcement of proposed federal “gun control” legislation that violates the Second Amendment).

Nullification, defiance, non-compliance, and resistance as a community is also what the Founders themselves used against the edicts of Crown and Parliament.   Let’s apply their hard learned lessons of resistance to our current “long train of abuses and usurpations.”
A good book to read on that score is Dr. Edwin Vieira’s excellent little book “Three Rights.”  While reading it, think of what constitutional sheriffs, backed up by armed, trained, and organized patriots as their posse, can do to resist, restore, and renew American liberty and our Republic from the bottom up.
But the first step is to stop giving any respect to the lying lawyers in black dresses, and for that we can thank Posner for giving us a fantastic, arrogant example of their open oath breaking treason.   – Stewart Rhodes