Thursday, February 18, 2010

Judges and The Constitution

JUDGES OF THE USA AND SENATE-JUDICICARY COMMITTEE

— Our Principles —
We pursue our purposes and objectives by declaring and defending a fixed body of principles expressed in the Constitutionalist Manifesto. These principles can be summarized as follows:
The Constitution is, and must be, by definition, the "supreme, fundamental, paramount, permanent" law of the land. No court decision, statutory law, or other form of "law" is either equal to, or superior to, the Constitution.
The basic purpose of our Constitution, as of all constitutions, is to provide the stability necessary for our legal system to survive and thrive. Additionally, the Constitution's Preamble lists six specific constitutional purposes, which balance individual liberty with the common good.
The provisions of our Constitution have fixed meanings. These meanings can, and must, be determined by careful objective study of such factors as the express language of the text (understood in its original meaning), the context of the provision being interpreted and of the entire document, the intent of the Framers, and the worldview in which the Constitution was embedded by its Framers.
The Constitution, properly interpreted, can express the values of only one worldview. It cannot reflect a "pluralism" or "diversity" of worldviews.
The worldview in which the Constitution is embedded is the Judeo-Christian worldview. The Constitution's principles and purposes are defined and prioritized by the Judeo-Christian value system. The Constitution cannot survive if it is ripped from its Judeo-Christian moorings.
The Constitution embodies a multiplicity of distinct principles to guide our legal system and our culture. These principles include the two "omnibus principles" of "justice" and "jurisdiction." "Justice" and "jurisdiction" include specific principles such as popular sovereignty with representative government, life, liberty, the rule of law, due process of law, equal protection of the laws, and private property/free enterprise. These principles are to be secured by structural principles including federalism and separation of powers.
Judges have neither the authority nor the competence to rewrite the Constitution by altering its basic meaning. Judges are governed by the Constitution. They are required to respect their boundaries and give full respect to the constitution document, the consent of the governed, the other branches of the national government, the state governments, and other societal institutions.