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Statement of Facts #11 of 12 from:

Reversing_Landmark_Abomination_Cases

Saving Babies from judges & voters
Saving Souls from ‘Scrupulous Neutrality’ about Religion

by proving in courts of law and in the Court of Public Opinion that:

 The right to live of a baby and of a judge are equal
 The Bible & reality-challenged religions are NOT equal

A strategy of Life that relies on the Author of Life
for pro-life, pro-Bible Lawmakers, Leaders, Lawyers, and Laymen

by Dave Leach R-IA Bible Lover-musician-grandpa (talk) 5 December 2023 (UTC)

Try to imagine how a judge, reviewing a prolife law with these Findings of Facts, would be able to dodge this evidence - in fact, see if you can find ANYONE who can refute these facts - as opposed to not caring about facts - that is, not caring about reality:

Statement of Fact #11 of 12:

Statement #11 of 12: The 14th Amendment gives federal courts no “due process” authority to invent rights not specified in the Constitution, like the “right” to murder, and gives Congress no authority to legalize violations of Constitutional Rights, like taking a baby’s right to Life. 43/326 words

The claims here seem to Americans today like well meaning ideas which could never work and which courts will never allow, but they are based on the plain words of the Constitution as explained by several SCOTUS dissents and several amicus briefs filed in Dobbs. (That is until I get to the Bible stuff. From then on it’s my own.) And they will not only “work”, they worked; they not only created America, they will save America. Whether or not courts will ever allow healing, it’s not up to courts. </small>

The sole federal authority over state laws regarding the rights of their own citizens is through the 14th Amendment, Sections One and Five. ^[1] Contrary to SCOTUS rulings, the 14th Amendment explicitly provides:

* Congress authorized, not courts. Congress, not courts, determines the manner and scope of federal intervention in states whose laws don’t protect their citizens’ rights. ^[2] Congress is not limited to enforcing only those rights of which SCOTUS approves, nor only to the extent that SCOTUS approves,3 ^[3] nor only when state governments, not individuals, directly violate rights.4 ^[4]

* Federal courts aren’t permitted to stop either states or Congress from protecting enumerated rights (like Life), or to repeal federal laws for conflicting with unenumerated [not listed in the Constitution] “rights” (like the “right” to murder babies), or to intervene in states’ protection of rights beyond prosecuting violations of federal laws.5 ^[5]

* Nor can Congress stop states from protecting enumerated rights. Neither Congress nor federal courts may overturn a state law protecting the lives of unborn babies from surgical abortion, chemical abortion, or contraceptives.6 ^[6]

* The rights subject to federal enforcement are not those made up by SCOTUS allegedly based on the “Due Process” clause,7 ^[7] but those listed in the Constitution, referred to as “privileges and immunities”8 ^[8] (including, for unborn babies, the “privilege” of life and “immunity” from “cruel and unusual punishment” and execution “without due process of law”).9 ^[9]

* Enumerated Rights recognized before the Constitution existed are not excluded from Congressional intervention.10 ^[10]

* “Substantive Due Process” is the sophistry by which SCOTUS turned the Constitution’s Authority to Define Rights, and Congress’ 14th Amendment, Section 5 Authority to Enforce Rights, into its own authority to reclassify abominations as “rights”.11 ^[11] It is an illegal, unconstitutional, Freedom-crushing fraud from Hell fomenting a long line of Landmark Abomination Cases.12 ^[12]

(This argument for ending SCOTUS’ long line of Landmark Abomination Cases continues in Part Two of this book where its focus on SCOTUS-mandated murder of babies created in the Image of God is extended to SCOTUS’ censorship of God Himself.)

INDEX to all 12 Statements of Facts
Statement_1_+_Footnotes Courtrecognized, court-tested Finders of Facts unanimously establish that unborn babies are fully human
Statement_2_+_Footnotes Courts Accept the Fact-Finding Authority of Legislatures, Juries, Experts for the same good reasons their findings persuade the public.
Statement_3_+_Footnotes The FACT that Babies are Fully Human was never denied or ruled irrelevant by SCOTUS.
Statement_4_+_Footnotes Heartbeats & Brain Waves are Legally Recognized Evidence of Life.
Statement_5_+_Footnotes Legislatures should regulate abortion, as Dobbs held, just as legislatures regulate the prosecution of all other murders.
Statement_6_+_Footnotes The full humanity of a tiny physical body is hard for many to grasp. But what distinguishes us from animals isn’t physical, and has no known pre-conscious stage.
Statement_7_+_Footnotes Congress has Already Enacted a Personhood Law as Strong as a “Life Amendment”. The 14th Amendment already authorizes Congress to require all states to outlaw abortion.
Statement_8_+_Footnotes Roe, Dobbs, and the 14th Amendment agree: All Humans are “Persons”.
Statement_9_+_Footnotes When pregnancies develop into medical emergencies requiring separation of mother and child to save the mother, the child has an equal fundamental right to life and medical care.
Statement_10_+_Footnotes Tyranny over any class of humans by any other is prohibited by the Constitution, by the Declaration which gives the purpose of the Constitution, and which rests its own authority on the revelation of God in the Bible.
Statement_11_+_Footnotes The 14th Amendment gives courts no authority to invent rights not specified in the Constitution, like the right to murder, and gives legislatures no authority to legalize violations of Constitutional Rights.
Statement_12_+_Footnotes Judicial Interference with Constitutional Obligations is Impeachable.

FOOTNOTES

↑ More about “The sole federal authority over state laws...is through the 14th Amendment, Sections One and Five.”
     From the Concurrence of Justice Clarence Thomas in McDonald v. Chicago, 561 U.S. 742 (2010) (https://law.justia.com/ cases/federal/us/561/McDonald_v_City_of _Chicago)

Representative John Bingham, the principal draftsman of §1, [section one of the 14th Amendment] delivered a speech on the floor of the House in February 1866 introducing his first draft of the provision. Bingham began by discussing Barron [an earlier precedent] and its holding that the Bill of Rights did not apply to the States. He then argued that a constitutional amendment was necessary to provide “an express grant of power in Congress to enforce by penal enactment these great canons of the supreme law, securing to all the citizens in every State all the privileges and immunities of citizens, and to all the people all the sacred rights of person.” 39th Cong. Globe 1089–1090 (1866). Bingham emphasized that §1 was designed “to arm the Congress of the United States, by the consent of the people of the United States, with the power to enforce the bill of rights as it stands in the Constitution today. It ‘hath that extent—no more.’ ” Id., at 1088.
     Bingham’s speech was printed in pamphlet form and broadly distributed in 1866 under the title, “One Country, One Constitution, and One People,” and the subtitle, “In Support of the Proposed Amendment to Enforce the Bill of Rights.”[Footnote 10] Newspapers also reported his proposal, with the New York Times providing particularly extensive coverage, including a full reproduction of Bingham’s first draft of §1 and his remarks that a constitutional amendment to “enforc[e]” the “immortal bill of rights” was “absolutely essential to American nationality.” N. Y. Times, Feb. 27, 1866, p. 8.
↑
     More about “Congress, not courts, determines the manner and scope of federal intervention in states whose laws inadequately protect rights of their citizens.” Authority to Decide in what manner to make states protect Constitutional Rights of their citizens Belongs to Congress, Not Courts
     According to the 14th Amendment, Section Five Here is Section One and Five of the 14th Amendment. Lawyers name the four clauses of Section One by their key phrases:
     The “citizenship clause”, (which many assume limits citizenship to people who have been born, but that’s not what it says); The “privileges and immunities”, clause, (which identifies the rights which the Amendment protects: the rights listed in the Constitution according to the Amendment’s authors, although SCOTUS treats it as dead letters);
     The “Due Process” clause, (which originally meant no one should have more hoops to jump through than “important” people, to defend themselves in court, but which SCOTUS turned into authority to make up whatever rights it likes); and
     The “equal protection” clause, which is pretty self explanatory.
     Then there is Section Five which clearly gives Congress, not courts, authority to enforce the Amendment.
     Section 1, 14th Amendment: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
     (Summary of sections 2-4: #2, as long as a state doesn’t let blacks vote, its black population won’t be counted towards its share of congressmen and presidential electors. #3, no participant in any insurrection can run for federal office. A few courts are, as of November 2023, reviewing whether this excludes President Trump; one judge dismissed on the ground that the list of offices in this section doesn’t mention president. #4, the U.S. will pay the debts of the states called, during the Civil War, the “North”, but not the debts of the “South”.)
     Section 5: “The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.”
     The power to enforce the right of every person to live (which Section 5 of the 14th Amendment assigns to Congress) necessarily includes the power to acknowledge what everyone but judges knows: that every human is a person, wouldn’t you think? Professor Nathan Schluetter writes, in his written debate with Judge Bork published in First Things:
     “Congress is clearly given the power in Section Five of the Fourteenth Amendment to remedy both hostile state action and state failure to secure the constitutionally protected rights of persons. The unborn person reading [the fact that babies of people are people] would make it constitutionally incumbent upon states to secure the basic rights of all persons in their jurisdiction without discrimination, and would enable Congress to pass remedial legislation protecting those same rights in states that fail to do so. ... We cannot afford to feign skepticism (pretend not to know) about the personhood of unborn children any more than an earlier age could afford to feign skepticism about the personhood of African-Americans.” www.firstthings.com/article/2003/01/ constitutional-persons-an-exchange-on-abortion
     Remediation v. Passing ALL Laws One reason given for denying that Section 5 gives Congress power to enforce the 14th Amendment is the silly idea that Congress would then have to pass ALL the state laws related to “equal protection of the laws” for their respective citizens, not just occasional laws to “remediate” discrimination as it turns up. This excuse doesn’t consider the possibility of Congress passing only “remediation” laws. In fact, virtually every law ever written by a human likely began as a “remediation” law. That is, it was not drafted until someone got hurt, and people decided that offense ought to be discouraged from being repeated.
     “Remediation” is what courts do now, having usurped Congress’ power to do so. If it is possible for courts, why not Congress? Congress is able to process a volume of issues far better than SCOTUS: it processes between 10,000 and 20,000 bills a year and enacts maybe 1,000 of them (https://www.govtrack.us/congress/bills/statistics) while SCOTUS receives 8,000 appeals a year and only considers about 80 of them. https://www.supremecourt.gov/about/faq_general.aspx
     Courts do not “make every law” defining and enforcing fundamental rights. They are “only” a double check, stepping in when a violation of rights seems to them egregious. That seems to be the role given by Section Five to Congress.
     But not given to courts. Congress, in authoring the 14th Amendment, did not give that ultimate power over states to federal courts because an evil SCOTUS precedent was most of the reason the 14th Amendment had to be created, and even that couldn’t happen until after a war which cost 750,000 lives. www.history.com/news/american-civil-war-deaths Congress had learned not to trust courts with rights. Courts were on the side of squashing fundamental rights. That is, in the view of the Republican party, though not in the view of the Democratic party which understood only the fundamental rights of masters to own slaves.
     The same political party which in 1857 found courts their enemy in the protection of the fundamental right to liberty for blacks, today finds many courts their enemy in the protection of the fundamental right to live for babies, while the same political party which thought owning slaves was a virtue then, thinks murdering babies is a virtue today. A century and a half later, courts still prove the inferior partner in the protection of fundamental rights, leaving us no reason to accept the continuing emasculation America has suffered of Section 5.
     Maybe it is because the less accountable to voters that authorities become, the farther they can sink in sin without anyone able to stop them. Voters whose hearts are not closed to the cries of 65 million slaughtered need to hold courts accountable – a few ways are suggested in Statement #12 – and restore the balance of power that is explicit in Section 5 of the 14th Amendment.
     Courts tell you they are the superior partner in protecting rights because they are immune to the shifting priorities of the public. Insulated from populist pressures they are free to focus on the Constitution.
     That would be fine if they were willing to follow the Constitution. But they make themselves immune to its pressures also. Section 5 gave enforcement authority to Congress, not courts, after what courts did to slaves, before anyone could foresee what they are still doing to babies.
     The 14th Amendment expanded the power of courts, courts tell us, to overturn state laws which violate “fundamental rights”. It made slave-loving southern state legislatures accountable to courts, courts tell us. Well,
     1. Congress helped blacks under attack after the Civil War; courts helped their attackers. Congress struggled to end the terror from white Democrat Ku Klux Klan mobs after the Civil War ended in 1865. The reason the mobs rode at night wearing white sheets was to evade prosecution under Congress’ 1866 Civil Rights Act and 13th Amendment, and 1868 14th Amendment, enforced by federal troops. It was the Supreme Court in 1876 which undid all that protection by acquitting a Democrat KKK which slaughtered between 50 and 140 black Republicans defending a courthouse, some of whom they killed by burning down the courthouse into which they had fled.
     2. SCOTUS still uses its power over states, that it never had, to stop states from protecting the constitutional rights of their citizens, in a long line of Landmark Abomination Cases.
     3. “Fundamental rights” isn’t even a constitutional concept! The phrase “constitutional rights” should mean the rights – the “privileges and immunities” – listed (“enumerated”) in the Constitution, but what SCOTUS’ list of what it calls “fundamental rights” is far from the rights listed in the Constitution, and often is at war with genuine constitutional rights. Like the “fundamental right” to murder your own baby, or for men to marry men!
     4. SCOTUS has zero power over states, through the extremely plain words of Section 5 of the 14th Amendment, except to document states’ violations of federal laws.
     Did the Amendment’s framers really fail to address what to do when it is courts which violate fundamental rights? Had the framers in 1868 forgotten so soon what the Supreme Court did in 1857 which yanked the country towards Civil War? (Dred Scott v. Sandford classified black human beings as “property”, so that a slave owner who took his slave with him to a “free state” in which slavery was illegal did not thereby forfeit his “property”!) Did the framers leave no remedy for babies today, who still suffer under the 1973 decision responsible for 60 million murders because Dobbs v. Jackson still dodged the fact that babies are people, which makes killing them legally recognizable as murder, which voters don’t get to legalize?
     The Amendment solves that evil too. “The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.” And what a simple matter for Congress to restrain courts to their Constitutional authority, by simply following the Constitution: ...the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. (Article III, Section 2.)
     All Congress has to do is restate Section 5 of the 14th Amendment, and maybe add, “Seriously. Can you read? You were never given authority to stop states from protecting the constitutional rights of their citizens. Nor has your misuse of this authority you never had earned it for you. Stop it! Stop making up ‘rights’ from Hell that drag our whole culture down! This Amendment creates NO federal authority to stop states from protecting Constitutional rights. It gives US, not YOU, authority to stop states from trampling Constitutional rights. Your role is solely to document violations of laws WE pass, and only in that sense to authorize enforcement. Keep this up, and we will have to take you to our court.” (Impeachment.)
     How opposite that is to the powers which the Supreme Court has assumed, to even overturn the laws of Congress which the Court imagines violate “fundamental” rights! The 14th Amendment gives jurisdiction over state legislatures to Congress, not courts. Courts are made subject to Congress by the Amendment
     And yet courts assume Congress is made subject to courts! And not just to the Supreme Court but to any sympathetic district judge that some New Made-Up Rights advocate can locate. Look, I’m really sorry if I am repeating myself too much. I’m not getting any younger and I just need to vent.
     But what is the practical meaning of authorizing Congress, not courts, to enforce fundamental rights? Obviously Congress can’t enforce anything without courts. All legislatures can do is pass laws with penalties that apply to designated actions, but only courts can charge particular individuals, businesses, corporations, or states with violating those laws; only courts can apply penalties to people. (In fact the Constitution explicitly prohibits Congress from passing judgment on specific individuals or groups. “Bills of Attainder”, is what the U.S. Constitution calls such actions.) Of course courts don’t physically enforce either; courts document violations, which then directs police, marshals, etc. to physically act against crime.
     Legal practicality requires both Congress and courts, working together in their respective roles, to enforce the “equal protection of the laws” vision of the 14th Amendment. Congress, alone, decides what to enforce, anywhere and everywhere in the nation. Courts, alone, decide if an individual or group has violated the law. Courts need to stop usurping both roles. The areas of dispute between courts and legislatures are (1) what rights are true protectable rights?
     (2) how should rights be balanced when certain rights of some infringe on certain other rights of others? (Like your right to murder your baby, which infringes on the right of your baby to not be murdered.) and, to the shame of our nation that this can be in dispute among otherwise civilized people,
     (3) who is fully human and thus the recipient of any rights at all?
     Courts have no right, no authority, to even enter this dispute. Congress is far better equipped to fine-tune any balancing of competing interests, by its ability to enact many pages of regulations, and to act within a year, and within a week in case of emergency and broad consensus, to address changes in the facts. And to settle a thousand issues a year.
     That compares with the several years taken by courts to process an issue and the limit of about 80 cases a year for which SCOTUS has the time. Plus, Congress is bright enough to know (1) babies of people are people, and (2) that matters.
     The power to enforce rights subsumes the power to define the scope of protection. Section 5 gives Congress, alone, that power. Congress is also authorized by the original Constitution to pass laws defining offenses and requiring courts to apply and process them, so actually it is Congress alone which would be authorized by the 14th Amendment to rule that the humanity of babies is in doubt, whether men have a constitutional right to marry each other in states that rule otherwise, whether boys compete with girls in athletic events so long as they wear a bra, etc. etc. Except that Congress has no such authority either, since protectable rights are only those listed in the Constitution, and our Founders left out the one about a dress on a boy making him a girl instead of just making him ugly.
     Was this a wise solution the Amendment’s framers gave us? Has SCOTUS been wiser to disregard it, and have the rest of us been wiser to let SCOTUS get away with it? If Congress is given the last word on our rights, will that be less hazardous to human rights than nine unelected judges deciding for us?
     Congress is the branch of government most accountable to the people and consisting of a “Multitude of Counsellors” Proverbs 15:22. When fundamental human rights are threatened, the people in danger of losing them should not be denied a voice in their disposition. A later footnote presents some history of how and when and how often SCOTUS usurped Congress’ constitution-authorized authority to enforce rights. “How SCOTUS morphed the Constitution’s end of racial tyranny into its own tool of judicial tyranny in only five years.” This history largely relies on the dissents and concurrences of Justice Clarence Thomas.
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[1] More about “The sole federal authority over state laws...is through the 14th Amendment, Sections One and Five.”
From the Concurrence of Justice Clarence Thomas in McDonald v. Chicago, 561 U.S. 742 (2010) (https://law.justia.com/ cases/federal/us/561/McDonald_v_City_of _Chicago)

Representative John Bingham, the principal draftsman of §1, [section one of the 14th Amendment] delivered a speech on the floor of the House in February 1866 introducing his first draft of the provision. Bingham began by discussing Barron [an earlier precedent] and its holding that the Bill of Rights did not apply to the States. He then argued that a constitutional amendment was necessary to provide “an express grant of power in Congress to enforce by penal enactment these great canons of the supreme law, securing to all the citizens in every State all the privileges and immunities of citizens, and to all the people all the sacred rights of person.” 39th Cong. Globe 1089–1090 (1866). Bingham emphasized that §1 was designed “to arm the Congress of the United States, by the consent of the people of the United States, with the power to enforce the bill of rights as it stands in the Constitution today. It ‘hath that extent—no more.’ ” Id., at 1088.
Bingham’s speech was printed in pamphlet form and broadly distributed in 1866 under the title, “One Country, One Constitution, and One People,” and the subtitle, “In Support of the Proposed Amendment to Enforce the Bill of Rights.”[Footnote 10] Newspapers also reported his proposal, with the New York Times providing particularly extensive coverage, including a full reproduction of Bingham’s first draft of §1 and his remarks that a constitutional amendment to “enforc[e]” the “immortal bill of rights” was “absolutely essential to American nationality.” N. Y. Times, Feb. 27, 1866, p. 8.

[2] 
More about “Congress, not courts, determines the manner and scope of federal intervention in states whose laws inadequately protect rights of their citizens.” Authority to Decide in what manner to make states protect Constitutional Rights of their citizens Belongs to Congress, Not Courts
According to the 14th Amendment, Section Five Here is Section One and Five of the 14th Amendment. Lawyers name the four clauses of Section One by their key phrases:
The “citizenship clause”, (which many assume limits citizenship to people who have been born, but that’s not what it says); The “privileges and immunities”, clause, (which identifies the rights which the Amendment protects: the rights listed in the Constitution according to the Amendment’s authors, although SCOTUS treats it as dead letters);
The “Due Process” clause, (which originally meant no one should have more hoops to jump through than “important” people, to defend themselves in court, but which SCOTUS turned into authority to make up whatever rights it likes); and
The “equal protection” clause, which is pretty self explanatory.
Then there is Section Five which clearly gives Congress, not courts, authority to enforce the Amendment.
Section 1, 14th Amendment: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
(Summary of sections 2-4: #2, as long as a state doesn’t let blacks vote, its black population won’t be counted towards its share of congressmen and presidential electors. #3, no participant in any insurrection can run for federal office. A few courts are, as of November 2023, reviewing whether this excludes President Trump; one judge dismissed on the ground that the list of offices in this section doesn’t mention president. #4, the U.S. will pay the debts of the states called, during the Civil War, the “North”, but not the debts of the “South”.)
Section 5: “The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.”
The power to enforce the right of every person to live (which Section 5 of the 14th Amendment assigns to Congress) necessarily includes the power to acknowledge what everyone but judges knows: that every human is a person, wouldn’t you think? Professor Nathan Schluetter writes, in his written debate with Judge Bork published in First Things:
“Congress is clearly given the power in Section Five of the Fourteenth Amendment to remedy both hostile state action and state failure to secure the constitutionally protected rights of persons. The unborn person reading [the fact that babies of people are people] would make it constitutionally incumbent upon states to secure the basic rights of all persons in their jurisdiction without discrimination, and would enable Congress to pass remedial legislation protecting those same rights in states that fail to do so. ... We cannot afford to feign skepticism (pretend not to know) about the personhood of unborn children any more than an earlier age could afford to feign skepticism about the personhood of African-Americans.” www.firstthings.com/article/2003/01/ constitutional-persons-an-exchange-on-abortion
Remediation v. Passing ALL Laws One reason given for denying that Section 5 gives Congress power to enforce the 14th Amendment is the silly idea that Congress would then have to pass ALL the state laws related to “equal protection of the laws” for their respective citizens, not just occasional laws to “remediate” discrimination as it turns up. This excuse doesn’t consider the possibility of Congress passing only “remediation” laws. In fact, virtually every law ever written by a human likely began as a “remediation” law. That is, it was not drafted until someone got hurt, and people decided that offense ought to be discouraged from being repeated.
“Remediation” is what courts do now, having usurped Congress’ power to do so. If it is possible for courts, why not Congress? Congress is able to process a volume of issues far better than SCOTUS: it processes between 10,000 and 20,000 bills a year and enacts maybe 1,000 of them (https://www.govtrack.us/congress/bills/statistics) while SCOTUS receives 8,000 appeals a year and only considers about 80 of them. https://www.supremecourt.gov/about/faq_general.aspx
Courts do not “make every law” defining and enforcing fundamental rights. They are “only” a double check, stepping in when a violation of rights seems to them egregious. That seems to be the role given by Section Five to Congress.
But not given to courts. Congress, in authoring the 14th Amendment, did not give that ultimate power over states to federal courts because an evil SCOTUS precedent was most of the reason the 14th Amendment had to be created, and even that couldn’t happen until after a war which cost 750,000 lives. www.history.com/news/american-civil-war-deaths Congress had learned not to trust courts with rights. Courts were on the side of squashing fundamental rights. That is, in the view of the Republican party, though not in the view of the Democratic party which understood only the fundamental rights of masters to own slaves.
The same political party which in 1857 found courts their enemy in the protection of the fundamental right to liberty for blacks, today finds many courts their enemy in the protection of the fundamental right to live for babies, while the same political party which thought owning slaves was a virtue then, thinks murdering babies is a virtue today. A century and a half later, courts still prove the inferior partner in the protection of fundamental rights, leaving us no reason to accept the continuing emasculation America has suffered of Section 5.
Maybe it is because the less accountable to voters that authorities become, the farther they can sink in sin without anyone able to stop them. Voters whose hearts are not closed to the cries of 65 million slaughtered need to hold courts accountable – a few ways are suggested in Statement #12 – and restore the balance of power that is explicit in Section 5 of the 14th Amendment.
Courts tell you they are the superior partner in protecting rights because they are immune to the shifting priorities of the public. Insulated from populist pressures they are free to focus on the Constitution.
That would be fine if they were willing to follow the Constitution. But they make themselves immune to its pressures also. Section 5 gave enforcement authority to Congress, not courts, after what courts did to slaves, before anyone could foresee what they are still doing to babies.
The 14th Amendment expanded the power of courts, courts tell us, to overturn state laws which violate “fundamental rights”. It made slave-loving southern state legislatures accountable to courts, courts tell us. Well,
1. Congress helped blacks under attack after the Civil War; courts helped their attackers. Congress struggled to end the terror from white Democrat Ku Klux Klan mobs after the Civil War ended in 1865. The reason the mobs rode at night wearing white sheets was to evade prosecution under Congress’ 1866 Civil Rights Act and 13th Amendment, and 1868 14th Amendment, enforced by federal troops. It was the Supreme Court in 1876 which undid all that protection by acquitting a Democrat KKK which slaughtered between 50 and 140 black Republicans defending a courthouse, some of whom they killed by burning down the courthouse into which they had fled.
2. SCOTUS still uses its power over states, that it never had, to stop states from protecting the constitutional rights of their citizens, in a long line of Landmark Abomination Cases.
3. “Fundamental rights” isn’t even a constitutional concept! The phrase “constitutional rights” should mean the rights – the “privileges and immunities” – listed (“enumerated”) in the Constitution, but what SCOTUS’ list of what it calls “fundamental rights” is far from the rights listed in the Constitution, and often is at war with genuine constitutional rights. Like the “fundamental right” to murder your own baby, or for men to marry men!
4. SCOTUS has zero power over states, through the extremely plain words of Section 5 of the 14th Amendment, except to document states’ violations of federal laws.
Did the Amendment’s framers really fail to address what to do when it is courts which violate fundamental rights? Had the framers in 1868 forgotten so soon what the Supreme Court did in 1857 which yanked the country towards Civil War? (Dred Scott v. Sandford classified black human beings as “property”, so that a slave owner who took his slave with him to a “free state” in which slavery was illegal did not thereby forfeit his “property”!) Did the framers leave no remedy for babies today, who still suffer under the 1973 decision responsible for 60 million murders because Dobbs v. Jackson still dodged the fact that babies are people, which makes killing them legally recognizable as murder, which voters don’t get to legalize?
The Amendment solves that evil too. “The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.” And what a simple matter for Congress to restrain courts to their Constitutional authority, by simply following the Constitution: ...the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. (Article III, Section 2.)
All Congress has to do is restate Section 5 of the 14th Amendment, and maybe add, “Seriously. Can you read? You were never given authority to stop states from protecting the constitutional rights of their citizens. Nor has your misuse of this authority you never had earned it for you. Stop it! Stop making up ‘rights’ from Hell that drag our whole culture down! This Amendment creates NO federal authority to stop states from protecting Constitutional rights. It gives US, not YOU, authority to stop states from trampling Constitutional rights. Your role is solely to document violations of laws WE pass, and only in that sense to authorize enforcement. Keep this up, and we will have to take you to our court.” (Impeachment.)
How opposite that is to the powers which the Supreme Court has assumed, to even overturn the laws of Congress which the Court imagines violate “fundamental” rights! The 14th Amendment gives jurisdiction over state legislatures to Congress, not courts. Courts are made subject to Congress by the Amendment
And yet courts assume Congress is made subject to courts! And not just to the Supreme Court but to any sympathetic district judge that some New Made-Up Rights advocate can locate. Look, I’m really sorry if I am repeating myself too much. I’m not getting any younger and I just need to vent.
But what is the practical meaning of authorizing Congress, not courts, to enforce fundamental rights? Obviously Congress can’t enforce anything without courts. All legislatures can do is pass laws with penalties that apply to designated actions, but only courts can charge particular individuals, businesses, corporations, or states with violating those laws; only courts can apply penalties to people. (In fact the Constitution explicitly prohibits Congress from passing judgment on specific individuals or groups. “Bills of Attainder”, is what the U.S. Constitution calls such actions.) Of course courts don’t physically enforce either; courts document violations, which then directs police, marshals, etc. to physically act against crime.
Legal practicality requires both Congress and courts, working together in their respective roles, to enforce the “equal protection of the laws” vision of the 14th Amendment. Congress, alone, decides what to enforce, anywhere and everywhere in the nation. Courts, alone, decide if an individual or group has violated the law. Courts need to stop usurping both roles. The areas of dispute between courts and legislatures are (1) what rights are true protectable rights?
(2) how should rights be balanced when certain rights of some infringe on certain other rights of others? (Like your right to murder your baby, which infringes on the right of your baby to not be murdered.) and, to the shame of our nation that this can be in dispute among otherwise civilized people,
(3) who is fully human and thus the recipient of any rights at all?
Courts have no right, no authority, to even enter this dispute. Congress is far better equipped to fine-tune any balancing of competing interests, by its ability to enact many pages of regulations, and to act within a year, and within a week in case of emergency and broad consensus, to address changes in the facts. And to settle a thousand issues a year.
That compares with the several years taken by courts to process an issue and the limit of about 80 cases a year for which SCOTUS has the time. Plus, Congress is bright enough to know (1) babies of people are people, and (2) that matters.
The power to enforce rights subsumes the power to define the scope of protection. Section 5 gives Congress, alone, that power. Congress is also authorized by the original Constitution to pass laws defining offenses and requiring courts to apply and process them, so actually it is Congress alone which would be authorized by the 14th Amendment to rule that the humanity of babies is in doubt, whether men have a constitutional right to marry each other in states that rule otherwise, whether boys compete with girls in athletic events so long as they wear a bra, etc. etc. Except that Congress has no such authority either, since protectable rights are only those listed in the Constitution, and our Founders left out the one about a dress on a boy making him a girl instead of just making him ugly.
Was this a wise solution the Amendment’s framers gave us? Has SCOTUS been wiser to disregard it, and have the rest of us been wiser to let SCOTUS get away with it? If Congress is given the last word on our rights, will that be less hazardous to human rights than nine unelected judges deciding for us?
Congress is the branch of government most accountable to the people and consisting of a “Multitude of Counsellors” Proverbs 15:22. When fundamental human rights are threatened, the people in danger of losing them should not be denied a voice in their disposition. A later footnote presents some history of how and when and how often SCOTUS usurped Congress’ constitution-authorized authority to enforce rights. “How SCOTUS morphed the Constitution’s end of racial tyranny into its own tool of judicial tyranny in only five years.” This history largely relies on the dissents and concurrences of Justice Clarence Thomas.

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Statement 11 + Footnotes

Reversing_Landmark_Abomination_Cases

Statement of Fact #11 of 12:

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