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Kicking the King to the Curb

Work in progress - notes only so far

I suspect there has also been some distortion of the idea of a court along the way.

One idea I've been wrestling with is as follows:

After kicking the sovereign king to the curb, the American people themselves reported to no other sovereign entity but themselves (and G-d).

The Articles of Confederation and the various state governments were chartered under the King.


They had some decisions to make.

A court may judge the law and the facts.

The Constitution is established within the paradigm of common law. In the ratification discussions (I'd have to dig it up, but I read this once) judicial review was an already established concept, which basically amounts to judging the law.

Two people are acting like children when they bring their dispute to a 3rd party to resolve - rather than doing battle, they are putting their fate in the hands of an uninterested 3rd party, the court, who will make a determination.

Some argue that the 14th amendment works via Article IV 3:2 to create a new class of property, which is where the income tax and so forth is covered. Congress was

 "The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.