Posts Tagged ‘John Marshall’

What Amendment was violated in the McCulloch v. Maryland case

November 5, 2011

Maryland was right, Marshall was wrong, wrong, wrong:

What Amendment was violated in the McCulloch v. Maryland case:

A Central Bank has powers way, and far beyond, any of the purported implicit powers contained in the enumerated powers of the US Constitution, and any that somebody today could think up that Marshall did not. There is no way that loan guarantees for private corporations can be considered under any the explicit listed powers, for example, or the creation of fiat currency out of thin air.

There are some quarters who use ‘constitutional’ justifications with an interpretation that the federal government can do anything it wants to, including some that are direct violations of other clauses, and even more that make a mockery of the stated purposes in the Preamble.

The Constitution as a “Supreme Law of the Land” in the real world means that it rules over the Supreme Court and all its decisions too, which also means that when the Court rules against one of its provisions in the name of other provisions or even that provision itself, then the Court itself is in violation of it.

For example, the protections against arbitrary confiscation of property are clear, as is the requirement for a “public purpose” for property, and the purpose of the clause should obviously cover the prevention of arbitrary property transfers between private owners.

Robbing Peter to pay Paul so Paul can pay the thief does not count as a “public purpose”.

The government is not “the public”, the public is the public, and our government has become a thief.