Car Knocker said:
Sorta like the Lautenberg Amendment is unconstitutional? In reality, something is only unconstitutional if the courts rule it so.
Huh. I'm not sure if that's 100% accurate. Well, maybe it's one of those "in the eye of the beholder" type of things -- a question of perception.
However, I'm not sure one could come to that understanding by reading the writings of our founding fathers.
Also, it fails logically. Allow me to explain...
1) The Constitution (at least the portions that deal with Individual Rights, namely the first 10 Amendments) all address rights INHERENT to people as human beings. Which means that you have those rights regardless of whether or not you live in a society that does or does not have a Gov't -- the fact that a Gov't may or may not recognize those Rights is irrelevant. If we agree on this point, we can continue...
2) The Constitution was created based on a recognition of an individual's inherent Rights and built all of it's principles based on those Rights. It was not the Constitution that granted us those Rights, and the Constitution was not created PRIOR TO us having those Rights -- man has always had those Rights, and always will; the Constitution was merely the first government document to fully recognize those Rights. If we agree on this point, we can continue...
3) The Supreme Court did not exist prior to the Constitution -- it was the Constitution which created the Supreme Court. If we agree on this point, we can continue...
4) To say, then, that the U.S. Constitution only says what it does by virtue of the Supreme Court is double-speak. B/C by that definition, the Supreme Court would have absolutely no authority -- after all, if the Supreme Court are the only ones to weigh in on the issue of what the Constitution says, then how would the Court have rec'd it's authority in the first place (prior to it's creation)??? The Supreme Court cannot exist without relying on the authority of the Constitution -- which document was not created to give man his Rights but only to formally recognize those Rights. Just as the authority of the Court is derived from the Constitution, the authority of the Constitution is derived from the collective Rights of every individual person. If we agree on that point, let's keep going...
5) Although we have all "agreed" to rely on the Supreme Court's decisions regarding Constitutionality (in order to maintain a civilized and orderly society), the Supreme Court does not maintain exclusive power to decide whether something is Unconstitutional or not -- what they do, in fact, is give us their EXPERT OPINION. If enough of us disagree, we vote in a Pres. who will shift the balance of power of the court (or, in extreme measure, the Justices can be removed and replaced) as soon as an opening occurs -- and thus, provide opportunity for new opinions, and thus new interpretations of law. But the court is merely an EXPERT WITNESS, not an end-all-be-all-final-say of what is Constitutional or what isn't.
You may still disagree.
Consider one scenario first.
A bit over 200 years ago pen was put to ink and our fathers declared that something was SELF-EVIDENT; that something was that all men were created with certain rights and were equals. Sadly, our nation and our highest of courts failed to recognize and accept that those words meant "ALL OF HUMANKIND" not simply all white people, or all males, etc. We didn't fully recognize that fact until the Civil War, and later the Civil & Women's Rights movements. Now, for the most part, all people in this country and truly free and equal (I said, for the most part).
But what if we suddenly got a series of Supreme Court Justices on the bench who suddenly decided that those movements were wrong and that women, for example, were not in fact to be included in the collective definition of "free people"??? What if they said that to afford women equal rights and freedoms along with men was an Unconstitutional principle??? Would that suddenly actually render the concept Unconstitutional??? Of course not.
Or, are you saying that it would?
Or did I totally mis-read your post? (Please forgive me if I did!)
