“Is a Supreme Court decision ‘law of the land?’” Of course, the answer is “no.” The delegates to the Constitutional Convention limited the “Supreme Laws of the Land” to the Constitution first and subsequent “Laws of the United States made in Pursuance thereof,” Art. VI, § 2. Court orders are conspicuously absent from the Supremacy Clause. If “all laws which are repugnant to the Constitution are null and void,” Marbury v. Madison, 5 U.S. 137 (1801) at 176-177, how much more so judicial orders? The “judiciary of the United States are not the masters of the Constitution but merely its interpreters.”19 Precariously absent from the decision in Roe v. Wade was Constitutional authority. The individual concept of “privacy” is neither in the Constitution nor the Bill of Rights. By allowing the judiciary to place “privacy” into the “penumbras of the Bill of Rights” (both alien concepts to our limited Constitutional republic) we have permitted “those who administer the general government … to transgress the limits fixed by that compact.” As Jefferson warned, the Court will “stop nothing short of despotism.” Perhaps it will be an oligarchy consisting of nine men in black robes, but it will nonetheless cease to be the federal republic as set up in 1787.
Such refusal to remain complicit to a Federal crime caused Thomas Jefferson to write in the Kentucky Resolutions, “[I]f those who administer the general government be permitted to transgress the limits fixed by the compact, by a total disregard to the special delegations of power therein contained, annihilation of the state governments, and the erection upon their ruins, of a general consolidated government, will be the inevitable consequence.”
Interposition concedes no argument that “abortion is legal,” or that we have to wait for a pro-life Judiciary or a Constitutional Amendment, and to obtain that we must continue voting Republican while allowing 4,000 babies to get butchered daily. Interposition allows the principles of the Constitution to be obeyed without conceding validity to the Articles of Selective Incorporation. Simply, Interposition
declares that the terms of the Constitution ought to be obeyed. Interposition is not Secession – it is sound contract theory that requires both parties, the Federal and the State, to obey the terms of the contract. [click here to read the entire article]
