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| Upholding Law |
Law is nothing if it is not upheld. When the founders put this nation together, they fought amongst eachother on the best way to preserve the rights that they held sacred. Unfortunately, there were some loopholes. The biggest one being in Article III which lays out the plans for the Judicial Branch. It does a good job of setting up what the Supreme Court can do, but if you read over the text see if you can find, where the authority to overrule a states ruling in a case that is not specified in the Constitution. The loophole is that there was a list of things on what the Supreme Court could do, but no rulings on what they did not have the authority to do. One would think this to be common sense, but sense is hardly common, especially when dealing with matters that politicians and lawyers are allowed to spin.
Now, I've already made my commentary on how dangerous the effects of Marbury vs. Madison are, in the article Redefining Law, which was also the beginning of this project of mine. I now come to the point where I need to setup a Judicial Branch for my community governments. The ability to enforce law is what I believe to be the defining point of a government.. Without this, my project is just a bunch of people saying they want change, but still not doing much about it.
As critical as I am of article III, I believe it to be key in allowing multiple states/government systems, to coexist peacefully. Since my whole goal is to break up the monopoly on government by introducing competing systems, in which people are allowed to choose their own way than it is likely the communities will have disagreements. A peaceful form of mediation will be required, and not just between the different systems/states, but also between individuals so as to reduce reliance on the corrupted US legislative system.
Even still, there is only so far that a court of law should be allowed to go, and this is where the sixth, and fifth amendments were supposed to come in. Today the fifth amendment is laughed at by every branch in government. Somehow, when we were attacked by muslim fundamentalists this law meant less than when we were being attacked by the British empire, which was the largest in the wolrd at the time... go figure. As far as the sixth amendment is concerned; this was an incomplete amendment. Paraphrased the amendments says that courts will not charge us too much, nor give us cruel and unusual punishment. It says this without defining either of the things it is supposed to protect us from. In matters of laws that will deal with peoples lives, this was a grave error.
If we are to uphold our laws, which is the requirement for us to be considered a government, then we must have our laws written in a clear manner with concrete limitations.
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