The Trial of The Lawsuit Against The State of Arizona:

Must Supreme Court Judges Obey The Constitution?

By Publius Huldah
Wednesday, August 18, 2010

In my last paper, http://canadafreepress.com/index.php/article/25983 I showed that Our Constitution requires that the federal government’s lawsuit against Arizona and Gov. Brewer be tried in the supreme Court; and that federal district court judge Susan Bolton has no constitutional authority to preside over the trial.

But many responded that the case is properly before Judge Bolton because Congress & the supreme Court have said that cases where a State is a Party may be tried in federal district court.

Thus we come to The Pivotal Question of Our Time: Will we restore the Rule of Law, http://canadafreepress.com/index.php/article/20849 which prevails when people in the federal government obey The Constitution? Or will we side with those who seek to expand the Rule of Men, where people holding Power do whatever they want?

1. The Federalist Papers were written during 1787-88 by Alexander Hamilton, James Madison, and John Jay to explain the proposed Constitution to The People and to induce them to ratify it. Thus, The Federalist is the most authoritative commentary on the genuine meaning of Our Constitution. And at a meeting of the Board of Visitors of the University of Virginia http://xtf.lib.virginia.edu/xtf/view?do ... query=true on March 4, 1825 at which Thomas Jefferson and James Madison were present, the following resolution selecting the texts for the Law school, was passed:

...on the distinctive principles of the government of our own state, and of that of the US. the best guides are to be found in 1. the Declaration of Independence, as the fundamental act of union of these states. 2. the book known by the title of `The Federalist’, being an authority to which appeal is habitually made by all, and rarely declined or denied by any as evidence of the general opinion of those who framed, and of those who accepted the Constitution of the US. on questions as to it’s genuine meaning.... (page 83) [emphasis added]

So! Thomas Jefferson, Author of the Declaration of Independence, and James Madison, Father of The Constitution, acknowledged the high authoritative status of The Federalist Papers. They saw The Constitution as having a fixed meaning which one could learn by consulting The Federalist!

2. But supreme Court judges soon refused to submit to The Constitution as explained by The Federalist Papers. In 1907, former Chief Justice Charles Evans Hughes http://hubpages.com/hub/Hughes-Hubris said, “...the Constitution is what the judges say it is…â€