Archive for the ‘Law’ Category
Future U.S. Supreme Court justice Hugo Black joined the Robert E. Lee KKK Klavern No. 1 at dusk on September 11, 1923. There were 1,750 initiates and 25,000 spectators that night. But this was a time when all white protestant males were joining the Klan. Black went on to support some of the most effective Civil Rights legislation of the 1950s in “Brown v Board of Education”
Joel Osteen, Rick Warren and Tony Robbins speak to over 100,000 people a month eleven months a year but their combined cultural heft is miniscule compared to that of a few paragraphs of text written by a dissenting U.S. Supreme Court judge. This judge can easily effect the lives of every citizen in the country for two hundred years.
If wives get one half of their husband’s net worth in big divorces even though they were not working in the executive office at GM or GE because they are on the home front enabling the success of their mate via their management of the domestic scene, perhaps they should also share the ignominy and prison time for minding the home front when hubby is robbing millions from his clients.
The U.S. Supreme Court opens the door to consolidation and growth of the federal government serving a useful function for a young republic but for the past fifty years our gargantuan government has relinquished its power to globally controlled financial institutions that have gutted the American middle class. The logic, traced back to McCulloch v Maryland has resulted in the shift of industry to Asia and with the shift, our national solvency. Between the Dartmouth College case and McCulloch v Maryland Marshall planted the seeds for the undermining of a mature nation which, in 2010 lies in doldrums, eviscerated, with its industry and its dollars gone to China and its middle class gone to hell. So those Republican alarmists Jefferson, Roane and the legislature of Virginia are proven prescient.
John Marshall was always sensitive to the hardship of individuals who could not afford to seek redress from distant courts. With this in mind he often settled cases within their own jurisdictions that might have been candidates for an appeal to a higher but distant court. Marshall’s sensitivity to logistical and financial challenges of individuals seeking justice is belied by his creation of a powerful and impregnable (by states) federal government. In 2010, as has been the case, for two hundred years, the individual has no local recourse via a state legislature or state court to the mandates of the federal government. This is not democracy.
The federal government has made itself a remote and unfathomable hog, impenetrable even by a new president who makes a commitment to two hundred twenty million people for change. Our only pipeline to John Marshall’s now colossal and omnipotent federal government is our vote for president and his immediate and continuing emasculation is proof that democracy in the United States is dead. Stick a fork in it – it’s over. American citizens have become a viral colony that is harvested by corporate and financial entities from birth to death – revolt now!
All growing things have different needs at different ages. Newborn mammals need milk. Later in life milk can become toxic if ingested at all. When concrete is fresh it needs moisture for thirty days to cure properly after that moisture is unnecessary. A tree needs new branches and leaves then after eighty years any further weight causes the tree to tip over in a strong wind. During the generation following the Revolutionary War the United States needed the jurisprudence of the Marshall Supreme Court in order to grow effectively, in order for commerce to thrive. Decisions that may have served a great purpose for one hundred fifty years may begin to have an opposite effect thereafter. How much of our foundational legal precedent is now doing more harm than good?
Dissention during Marshall’s tenure as chief justice of the U.S. Supreme Court (1801-1835) was resolved at the dinner table with copious amounts of wine supplied by the hogshead from Marshall who purchased it in one hundred gallon lots from Europe in order to sauce his brethren, to synchronize their minds on the weighty matters before the court. The justices all shared living quarters in a rooming house in Washington D.C. while court was in session. As young women living together will experience the synchronization of their menstrual cycles, I wonder if the men of Marshall’s court underwent an additional synchronization of testosterone due to their propinquity? Dissention on the court was not as acceptable during the Marshall era as it was later when dissentions of Brandeis, Black and many others became the law of the land in due time.
Since when is a college a corporation? This was U.S. Supreme Court justice John Marshall’s assertion. A college is a single entity in a fixed location with a mission to educate youth not to make a profit. To make such an assertion about the “individual” nature of a corporation in the guise of a small, remote school and then to use this bold and specious proposition to create legal immunity for all corporations allowing two hundred years of exploitation and abuse that resulted in the wholesale evacuation of American industry to Asia is a colossal mis-reading of the Constitution and a long-running miscarriage of justice. It is time to re-visit the Dartmouth College Case and in so doing to re-define the corporation in terms by which they can both be held accountable and by which they can thrive on our shores.
The great divide between Jeffersonian republicans and Federalists regarding states rights is manifest in this legislation. Federalist theory asserts that the U.S. Constitution reflects the will of the people not the states. The Republican “Compact” theory asserts that the national government is a compact between the states. How can one separate the states from “The People” they are the same carbon units. If one acknowledges the right of states to exist then one must see that they are also “The People“. The same people represented by the federal government. If Jefferson is right – that the Constitution implies a compact, then one would send STATE representatives to Congress and all federal law would be generated by state legislators in their Federal role just as Supreme Court justices had state circuit court duty in addition to Federal responsibility. It was clear once the Constitution was adopted that the people of each state elected congressmen and senators to participate in national government directly. The armature for the compact theory was gone. That armature would have been that state representatives had a dual role – state as well as federal. If state and federal lawmakers were the same elected officials then the officials from South Carolina could have proposed a national law that disallowed blacks from embarking at ports and the Supreme Court would have struck it down as unconstitutional. South Carolina loses either in Federalist or strict Republican terms.
Johnson v McIntosh (Cherokee Indians in Georgia who occupied land that became subject to a major gold rush were taken from them and distributed to adjacent counties.
Fifteen years ago I invented a quasi-mystical fortune-telling procedure called Mohare’ (Missouri -MO Hand-HA Reading-RE) As I tell it, a band of eastern European gypsies migrated to the Ozarks in 1842 and brought with them a timeless system for analyzing the capacity for an individual to harness universal energy. It proceeds from the profile of a person’s left hand drawn on a paper tablecloth with their index finger pointing to magnetic north. From the outline, I proceed to draw the centerlines of each finger, tangent lines to each interstice between fingers and various radiating -generating lines as if I were analyzing the floor plan of a work of architecture. Colored pens are optional but very effective. Once the lines are drawn, I begin to see features: “Ah! A Johnson’s Junction – this fortells a deep capacity for sympathy with your fellow man” Oh look! Connie‘s Confluence! – You possess a remarkable intuition regarding things artistic. Holy Kee-rist – I’m seeing a Filbert’s Funicular – I’ve read about these for many years, they are famous in the literature (what fucking literature) but only two have ever been manifest in a hundred years and you have one! My point – A person can assert ANYTHING and if it is delivered with enthusiasm and conviction it can be maintained for at least the tail end of a candlelight dinner. This, according to Aaron Burr, is the nature of the law. Knowing this, perhaps it is time to examine our assertions. Mohare’ can be elaborated into a system with ten thousand measurements of the hand and ten million interpretations and as long as people buy into the system it has heft, it has meaning. My god – I have an Arc of Ambrose! It says here in the Mohare’ Bible (1,500 pages of diagrams and definitions) that I can sense infinite passion in others during the full moon. Why not? If my imaginary system allows real people to feel positive energy for even a moment then it is a real thing – it has temporal heft – it has changed one person’s outlook, made them happier even if only for a minute.
In Johnson v McIntosh (1823) the U.S. Supreme court asserted that native Americans had no right to convey property. The land they were occupying was up for grabs by the state of Georgia when it became valuable enough to steal. A very bald and bold assertion that was backed up with regal and colonial precedent. Wow! Look at these two lines crossing in the middle of your palm, Inga’s Intersection, this indicates that you will soon possess a great cosmic energy resulting in spiritual bounty and financial prosperity. If you say so. If you just say it isn’t so, the whole system evaporates. Our legal statutes have as much fundamental cosmic veracity as Missouri Hand Reading. It is time to re-define the meaning of many lines and arcs.