Gry Rea (c)copyright 2010 ALL RIGHTS RESERVED
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In my previous article, The Death of the Republic Revisited, I addressed the loopholes deliberately placed in the Constitution to enable Congress to give the Supreme Court and the federal court system whatever powers it chose to, and how it took full advantage of this to create a third branch of the federal government – the Judiciary – that can do whatever it pleases without any interference from the states or the people and with very few controls by the President or the Congress that created its powers.
In this installment, I will point out the Constitution’s loopholes that leave Congress unrestrained, thus putting the lie to the concept of “checks and balances.”
In addition to Congress’ powers to define the limits of the Supreme Court and federal courts, Congress is empowered to also create tribunals without juries. For examples of this, think of tax court, OSHA hearings, hearings of the EPA and other federal agencies. Similarly, the states, which have all modeled their constitutions after the Federalists’ Constitution, have done the same and one of the best examples of this are the “family courts” in each state, which, without a jury or trial, can remove children from their parents on the flimsiest evidence without any recourse left to the parents. More
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S.2820 Protect act of 2009,
