[
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