Emergency does not create power. Emergency does not increase granted power or remove or diminish the restrictions placed upon power granted or reserved. The Constitution was adopted in a period of grave emergency. Its grants of power to the Federal Government and its limitations of the power of the States were determined in the light of emergency, and they are not altered by emergency. Home Building v Blaisdell, 290 US 398, 425 (1934). https://tinyurl.com/zyamn4xy
While I agree with the sentiment expressed in the meme which is quoting a small portion of the cited case (found at 426 in the Google Scholar link https://scholar.google.com/scholar_case?case=8045354711683233471&q=home+Building+v+Blaisdell,+290+US+398,+425+(1934)&hl=en&as_sdt=4,60 ) yet it seems that SCOTUS in 1934 still decided that the Minnesota legislature was justified in breaching the contract clause of the federal constitution because of emergency/exigent circumstances. I most assuredly am not a lawyer – am I missing something here?
I ask because it seems quite easy to “refute” the quote (which I hold is actually the true sentiment of the Founders during the drafting of the Constitution) by simply pointing out that the court decided otherwise – they decided, if I am reading and understanding aright, that Minnesota in that instance was justified in breaching contract due to emergency.
Well, let me put it this way: regardless of what any Court says, the Constitution is the supreme law of the land as clearly stated in article 6. And all judges and state legislators etc are bound to support and defend the Constitution, also as clearly required an article 6. State legislators, governors, local government officials, judges and justices across our country have deviated so far away from our constitution that it’s rare to find any of them actually abiding by their oath of office. But the truth remains the same, and that is each of them is legally required to uphold the constitution, not allow for excuses or exceptions because they think it’s expedient at the time. Thank you for taking the time to read this and follow up. Far too many “non-attorneys” just leave it up to the “legal professionals” to do things like that.
We agree that the Constitution is the Supreme Law of the land. Like you, I am not a fan in any degree of the “Courtsitution” we basically function under today – where the courts do NOT seek out and then hold to the original meaning (as you would with any contract) but rather usurp incrementally increasing power to themselves by holding that court precedent rather than the Constitution itself sets the meaning.
So in my initial comment my point about the quote in the meme was perhaps more clearly that it works for people like us – it is asserting a correct principle – and like you I like the quote. But for the “Courtstitution” folks which we are trying to persuade to repent and become Constitution folks it seems like they are going to look at the context in which it is quoted – namely that the case was NOT decided in alignment with the quote but rather in contradiction to the quote even though the quote was made from the decision of the court.
Thus it would seem the quote works if our desire is to “preach to the choir” but is likely to easily be ignored or refuted by the “Courtstitution” folks if they look at the decision of the court and see how that SCOTUS affirmed the decision of Minnesota’s Supreme Court.
And yes we also agree that it is but a VERY VERY rare few among all our elected officials local, State, and federal who pay the least attention to their sacred solemn oath to defend and uphold – to preserve and protect the Constitution. And we need to work to change that around so that it is but a very rare few that ever break their oath.
Jack Griffes, Constitution Coach
Yes, I totally agree! We definitely have a lot of work to do to change things so that all local state and federal government employees and officials realize that they must uphold and defend the US Constitution and stop hiding behind their myriad of excuses. That’s why I have dedicated all of my work to educating the public and public officials alike on the Constitution and how the laws intercept with them. ❤️🇺🇲