Where will our American Citizens find, in this new form of divine government any room left for a representative republic, and how prattle can any Constitution long maintain it, if itself is allowed to be reconstructed by this exclusive right of court.
The only reason this United States Constitution was excepted and duly ratified was because it had procedures, for us, upon which we would decide, if they were necessary to be used. An amendment is the only power that can be used to change this Constitution, and no general amendment, nor this opinion that there is one, can be Constitutionally used to subdue all other amendments, or all other Constitutions.
Whether or not it was necessary to have a bill of rights in the United States Constitution, was decided, into this affirmative.
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”-United States Constitution
Though every thing not given is retained, it was still seen necessary to place these amendments that included these individual and collective rights of the people.
This cause and its reasonings can be argued against until it turns us all blue in the face, but as long as these amendments and those procedures for ratifying amendments remain, and they are not then properly removed, I shall never regress upon some other authority, these Constitutional rules.
If I was to disagree with any decision of my government, there would always be this, never before rejected American possibility, that with enough support from my fellow citizens, this to may be changed. I would like to now inquire from all of you loyalist of liberty by order of decree, how you yourselves might realistically have any real and tangible influence, as to what these courts have decided. What dose representation mean to you, the right to render all the will of the people surrendered. I do not believe we as individuals should ever determine the laws, I believe as our founding conventions of the people believed, laws should be determined by our legislators. If my concern for this Nation was to rely upon that right judge, to be seated, this would mean that I am counting on their opinion of it, more then I am depending on my own Nations right to it.
The very worst future for our American people, is for them to have absolutely no say so, as to these things that are affecting their own families right of conscience, this is of the purest of indicators, that our people are now bound certain to this non-alternative fate. These are the very bindings of their cause, to forcibly habituate our people through absolute Judicial rule. This is the future farming of all human conditions, by those who are requiring of no more then five of their own agreements, that they should have this random access to our own seed. I therefore reject this unrelenting and unforgiving premise that if these Gods have spoken, it must be so. A government that has as little flexibility, to listen to the people, as these courts have so ordered, has now relieved me and all my fellow citizens of any true representation whatsoever.
My point is that these courts no longer help lead our legislators and our people to pursue this Constitutional compact, rather, they are telling us, through their highly unconstitutional methods, how it affects, and what it affects... and if this be of any reference to a sympathy now found to be peculiar upon only these recent times, that we have been fairly protected by these courts, I would also now suppose that this would depend on your own particular understanding of “we” and when this is, and can be applied. I myself have come to understand this kind of reasoning to mean that the future of my children is not as yet intended, unless these Supreme Court Judges have declared it.
Wanting the world to be a certain way has nothing to do with wanting our Nation to be a certain way, and wanting it your particular way has nothing to do with the way this Constitution was written and then duly ratified, and just because these unauthorized exclusives have propagated to you that this once revered document, that they are currently using to justify their own rulings, dose not work, this dose not mean that you at home should also try working with a tool you know is damn well defective. JMB
The will of the nation being omnipotent for right, is so for wrong also; and the will of the nation being in the majority, the minority must submit to that danger of oppression as an evil infinitely less than the danger to the whole nation from a will independent of it.
Letter to Thomas Jefferson, Feby 17, 1825 (Madison, 1865, III, page 483)