Wiki_QA__##

This page is read only. You can view the source, but not change it. Ask your administrator if you think this is wrong.
Title: How Can We Determine Constitutionality?

Original CoS Document (slug): [[https://conventionofstates.com/how-can-we-determine-constitutionality|how-can-we-determine-constitutionality]]

Login Required to view? No

Created: 2024-01-06 10:56:51

Updated: 2024-01-06 10:56:51

Published: 2024-01-06 01:00:00

Converted: 2025-04-14T21:28:54.685217725


----

I believe most Americans think that they know what is constitutional and what is not, even if they have very little knowledge of what the Constitution actually says.

How can we understand the Constitution if we have not  studied it, or even read it? The answer seems quite apparent. \\
\\
The only way we can be able to learn anything about anything is to devote time and attention to it. How could it possibly be different with our Constitution?\\
\\
Since it is our Constitution that outlines the parameters of our liberties and responsibilities, shouldn’t we give precedence to learning what those liberties and responsibilities are?\\
\\
Mirriam Webster defines “constitutional” as;\\
\\
1: relating to, inherent in, or affecting the constitution of body or mind\\
\\
2: of, relating to, or entering into the fundamental makeup of something : ESSENTIAL\\
\\
3: being in accordance with or authorized by the constitution of a state or society, a constitutional government\\
\\
4: regulated by or ruling according to a constitution a constitutional monarchy\\
\\
5: of or relating to a constitution a constitutional crisis\\
\\
6: loyal to or supporting an established constitution or form of government\\
\\
%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%%%__%%

Many believe that it is our teachers that can, or should inform us, or maybe our televisions, or social media. Maybe we know some smart people that will fill us in on the intricacies of “being” Americans.\\
\\
While these are all easier than studying the Constitution, they are also very likely to mislead us.\\
\\
What is constitutional is what aligns with the specifics of the US Constitution.\\
\\
Some Americans are convinced that it is the US Supreme Court that is in control of what is, and is not constitutional. That would suggest that the Supreme Court is flawless, and therefore the arbiter of the meaning of each feature of our Constitution. Do we actually believe this to be so?\\
\\
Let me attempt to illustrate the absurdity of such an assumption with a recent example.\\
\\
Ketanji Brown Jackson was recently confirmed as a Supreme Court “Justice.” Her nomination was dubious from the start since her qualifications were stated up front and had nothing to do with competent jurisprudence. it was to be strictly on the basis that she was a “woman of color.” \\
\\
All judicial appointments are constitutionally required to be nominated by the President and confirmed by the Senate.\\
\\
During her confirmation hearing Ms. Jackson was asked by Senator Blackburn to define a woman. She refused to answer on the basis that she is not a biologist.\\
\\
This is absurd on several levels, whether she is a biologist or not, she knew that President Biden nominated her because she was “a woman of color.”\\
\\
We also know that she is well aware of her anatomy, its functions, and peculiarities, yet she refused to answer a question that she clearly knew the answer to.\\
\\
It is reasonable to assume that she refused to answer because the true answer would upset the constituency she hoped to serve from her perch on the Supreme Court. This assures that she will enter many judicial hearings with prejudice.\\
\\
This, in itself is a proclamation of an intent to serve injustice. Her public record, which was also revealed during this hearing, serves to establish the unjust intentions of Ms. Jackson, yet her appointment was confirmed.\\
\\
This person has been elevated in our society to preside over the fate of justice in our nation. She is among the nine top judicial arbiters of truth. \\
\\
Americans’ lives, fortunes, and sacred honor hang in the balance, with her judgment able to swing at the whims of her “conscience” and personal prejudice. Yet she lacks the honesty, knowledge, or willingness to answer such a simple question.\\
\\
Having pledged an oath to “tell the truth, the whole truth, and nothing but the truth,” her fitness to serve on any court is established. This answer completely disqualified her.\\
\\
How can any court that Ms. Jackson is a part of be trusted to separate truth from error, or determine what is, or is not constitutional?\\
\\
Pundits from the four corners of our society presume to declare certain people, policies, and groups unconstitutional with out citing the source of their unconstitutionality.\\
\\
How many Americans believe that our Constitution was written for lawyers? \\
\\
How many of us believe that it is complicated to the point that special expertise is needed to determine where the complicated legal intricacies of citizenship fall within the parameters of constitutional justice?\\
\\
Our current perceptions of these matters have been corrupted. Americans have been taught to ignore the wisdom of our constitution’s construction, and abandoned our duty to know and protect its edicts. \\
\\
By neglect, we have allowed evil forces to capture the reigns of power within our very government, elevating the evil above the innocent, the powerful over the weak, and the nefarious in place of the true.\\
\\
Our Constitution was written to communicate to every American. It is able to be understood by all, even as second nature. Our courts were intended not to reign over the populace, but to bring clarity in particularly sensitive matters.\\
\\
To protect this lofty perch over judicial integrity, candidates were to be chosen by the chief executive over the enforcement of our laws, the President.\\
\\
To enhance, and support the effective protections built into this process, the Senate was authorized to “check his work.” It is the responsibility of Senators to guard the interests of American citizens in judicial appointments.\\
\\
Wisdom and integrity are paramount to just judgments, and constitutional fidelity.\\
\\
It is an important duty of Senators to jealously guard this constitutional requisite as they exercise this feature of their positions.\\
\\
The fact that any of our Supreme Court Justices are lacking in the character necessary to righteously apply constitutional standards is emblematic of corrupt presidents, and corrupt senators.\\
\\
We can blame Presidents and Senators, but it is the American people who elect them to positions that they clearly lack the integrity to hold. \\
\\
That they are elected in the first place is unfortunate, but that they are reelected is clearly a sign that many within the voting public either pay no attention, or are complicit.\\
\\
It is provided that every American should know what is, and is not “constitutional.” It takes no great amount of education to understand the clear intentions of the framers of our Declaration of Independence and Constitution.\\
\\
Americans have been persuaded by the nefarious forces that have gained access to the levers of governmental, and academic management to pervert official procedures, calling evil good, and good evil, Isaiah 5:20.\\
\\
Americans need to turn again to the Word of God, and to the founding and governing document of this great nation, grow a spine, and reject the nonsense being offered as expert witness.\\
\\
That Ketanji Brown Jackson, Sonia Sotomayor, Elana Kagan, and John Roberts hold the positions they hold is due to failures of the American people, not our Constitution or constitutional system.\\
\\
The framers of our Constitution knew that no set of standards could ever be infallible. There would be a need to amend our Constitution for it to remain applicable. \\
\\
They resisted mobocracy, and the volatile whims of temporary majorities, knowing that fair governance would require the stability unlikely to be sustained by popular opinions.\\
\\
The convention of states feature of Article V gives us the needed flexibility to maintain an effective government. The attention and action of the American people to police the effective righteousness of our system is what is lacking.\\
\\
God bless you, Dave