If you’ve read the federal law that Trump is relying on for his immigration order, you may be excused for wondering what the litigation over the order is all about. The language of the statute is written in plain English. You don’t need to be a lawyer to read and understand it. Trump’s smarter than the average bear, he’s read the law in question, and he can’t understand the problem. But then, he’s not a lawyer.
The 14th Amendment, and its due process clause, were ratified in 1865, 108 years before the Roe v. Wade decision. For over a century legal scholars had studied, written about, and litigated the due process clause. Then came a truly brilliant lawyer, Supreme Court Justice William O. Douglas, who saw something no one had ever seen before — a penumbra, surrounding the due process clause, containing within it the right to privacy, and a woman’s right to an abortion. Justice Douglas did not say that the right to privacy was the only right that was within the penumbra. Ever since that decision, people have been trying to find one, but no luck so far, and Douglas, with his super vision, is long dead. Even to this day, there are people like me who look at the due process clause, and we don’t see any penumbras. Is that because he was smarter than we are, or does it mean he came up with the idea when he was stoned?
These judges on the Ninth Circuit ought to be impeached. They’ve all sworn to uphold and defend the Constitution, but by their decisions you know that their legal philosophy does not require them to stick to the Constitution, which, to them, is a living document. And here’s where it gets tricky. To understand the evolution of the Constitution, from its original form into what it is today, you have to be a lawyer, preferably from Harvard. This is heavy intellectual lifting. Only brilliant legal scholars can see all the penumbras out there.
They don’t defend the Constitution, they gut it. Other than parts of the Bill of Rights, they’ve made a hash of the entire federalist system designed by the Framers. Who knows if it can ever be put back together.
We’ll start with Article V, and the Nashville Balanced Budget Amendment Convention (NBBAC) on 11-7-17. The Tennessee Senate, through the leadership of Sen. Brian Kelsey, has passed the formal Call for the Convention today. The House, with Rep. Dennis Powers leading, will pass it soon, and a formal invitation, and a signed and sealed copy of the Call for the Convention, will be sent by the Speaker of the House Beth Harwell, and Lieutenant Governor Randy McNally to all of their counterparts in the other 49 States. We’re confident we’ll get a quorum of 26, and from there the sky’s the limit. We may wind up getting 45 States. The ones that don’t come are going to look foolish.
It’s going to be a good Call.