State Rights ! - And when "enough is enough" ?? :
Be aware that the "Separation of Powers" exists since Ancient Greece and Rome. But it was the French Philosophers and specially Montesquieu that began to make Great Ideas and Philosophy out of it.
I cannot forget to mention another Great French Philosopher : Étienne de La Boétie 1530 - 1563, French judge, writer, anarchist, and "a founder of modern political philosophy in France." He "has been best remembered as the great and close friend of the eminent essayist Michel de Montaigne, in one of history's most notable friendships." - Boetie wrote passionately in favor of the freedoms of the individual and against the powers of abusive dictator kings like Emperor Charles V of Spain and Germany ( that was somewhat reined and controlled by parliaments ) and even worse King Henry VIII of England, King Henry is the Greatest Model of Abusive Power and Sadism.
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In Medieval History the Judiciary was the puppet of Kings, Princes, or even of Republics like Venice, as time goes on the independence of the Judiciary grows almost everywhere.
Now let's quote from Montesquieu 1689 - 1755, "Spirit of Laws" :
"But in moderate governments, where the life of the meanest subject is deemed precious, no man is stripped of his honor or property until after a long inquiry;"
"... and no man is bereft of life till his very country has attacked him, an attack that is never made without leaving him all possible means of making his defence."
Another Pasage of Montesquieu :
"If we examine the set forms of justice with respect to the trouble the subject undergoes in recovering his property or in obtaining satisfaction for an injury or affront, we shall find them doubtless too numerous: but if we consider them in the relation they bear to the liberty and security of every individual, we shall often find them too few; and be convinced that the trouble, expense, delays, and even the very dangers of our judiciary proceedings are the price that each subject pays for his liberty."
These passages of Montesquie apply to the Fourth Amendment of the U. S. Constitution :
The Fourth Amendment (Amendment IV) to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause. It was adopted as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution. Search and seizure (including arrest) should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it. The Fourth Amendment applies to the states by way of the Due Process Clause of the Fourteenth Amendment.
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I celebrate the "Separation and Independence of Powers" and the Judiciary Branch. But when is a Supreme Court of any country extremely mad to try to legislate from the bench ??
When does a Supreme Court of any country step on the rights of the Executive and Legislative Branch of Government, and those of the Individual ??
Is anti-Federalism and celebration of "State Rights" to the absurd a good thing ??
I know that this is going to displease many people, but an American Civil War was fought. Do some people want to gain in courts what they lost in the Battlefield ??
Of course I am not talking about Slavery, I am mentioning State Rights and the power to crush the individual with State Laws or with absurd Court Theories that go against precedent and previous court decisions, and against common sense, and the natural evolution of History.
Vicente Duque
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