Their is the argument that the Supreme Court is NOT the final word on the interpretation of the Constitution. That the U.S. Department of Justice also has the right and the power to interpret the Constitution along with the People by the election process, by public demonstrations and protest.
Scare me much.
Hey, I was kind of on-board with you,
Don Hamrick, with the whole concept of a member of the citizenry requesting cert from the SCOTUS on a major constitutional question affecting civil liberties and federal and state law. I was even willing to overlook the fact that you're calling for a
constitutional interpretation that declares we all have the right to open carry of side arms at all times. (I personally like concealed carry, and know what battles are better picked.)
But now you're posting (on a public board, no less) that you, the petitioner in a case up for cert before the S Ct, don't hold that Court to be the ultimate interpreter of the Constitution? Uh, read much Article III, lately? I refer specifically to Section 2, Cl 1: "The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made..." Seriously, go read your Constitution.
Sure, the D.O.J. has power to interpret their duties as an office of the Executive Branch, which has, under Article II, specifically under Section 2, the power and duty to:
- Command the Army, Navy, and the Militia (when called into service),
- Require the opinion of any officer of the Executive Departments,
- Grant reprieves and Pardons for offences against the U.S. (except in impeachment.),
- Make treaties (w/advice and consent of Senate),
- Nominate ambassadors, judges, etc,
- Fill vacancies during Senate recess,
- Give a State of the Union address (needn't be verbal), and
- must (This is important) "...take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States."
Under
Marbury v. Madison (1803), the Court established that it has the power of Judicial Review. Basically, that 202 year old case is
STILL the benchmark used to show that the Court has the right to review the actions of the Executive Branch and the Legislature.
I have to question the logic of denying the authority of the very court to whom you are presenting a case for judgment and prayer for relief.
I further wonder what the mechanics of interpretation would be, by the People, without the Court? Does the Executive interpret its duty? Sure, and the Judiciary interprets its actions. Does the Legislature interpret the duties of the Executive? Sure, by passing laws within the Court's interpretation of the Constitution.
This is not just "an argument" that can be made-- this is the profound structural basis of the
Constitution of the United States, as adopted in 1789.
Don't try to play it from both sides-- either the Court has the power or it's not worth appealing to.
Question-- why haven't you filed in federal District Court?
:banghead: You can thank the NRA, the Second Amendment Foundation, and 