The real enemy of the Constitution….stare decisis.
Stare decisis is the legal principle by which judges are obliged to obey the set-up precedents established by prior decisions. "Maintain what has been decided and do not alter that which has been established".
Has anyone but me realized that the real enemy of our Constitution and its included Liberties and Freedoms is our courts and not necessarily our Congress? Thanks to ‘stare decisis’ our freedoms under the Bill of Rights have little or no resemblance to the stated words and phrases of our Founders. For instance:
Our government’s prohibition of “establishment of a religion or prohibition of the exercise thereof” has been bastardized into the mantra of “Church and State”, which is slowly removing any reference of God, the Ten Commandments, or anything else remotely uttered in the Bible from everything remotely associated to government. Which is clearly NOT what the founders said, but stare decisis has established over decades of court decisions.
Additionally, stare decisis hasn’t removed a citizen’s right to redress of grievances from government. But it has rather made the effort far outweigh the reward of justice or compensation from such grievances.
Ditto for the 2nd Amendment, which in essence said that the right to keep and bear arms shall NOT be infringed. But that has what has been going on since day one. Registration, restrictions, prohibitions and outright banning is not the exception but the rule today.
Probably the most maligned Right is the tenth Amendment, where, “rights not specified to the U.S. Government are reserved for the States and citizens thereof“. Yeah right. The Federal Government has grown to be omnipotent. They’re almost everywhere, and where they’re not, they’re filling in the gaps. Now they want to regulate “salt” in food. So tell me again how the Feds are a limited government. And if you try to sue the Feds for over- reaching, and you somehow make it to the Supreme Court, just try to get past stare decisis.