01/10/2026
D.H.Q.
Data Management, Inc
P.O.Box 188
Sharon Hill, Pa. 19079
February 15, 2005
Hon. Arlen Specter
United States Senate
Washington, DC 20051
: One point that to days hypocritical, selfish, self-serving politicians should realize is, The Founding Fathers were a lot smarter than them. That's why within the U.S. constitution they established the ultimate rule of law. At the President's inauguration he swore to Defend and Uphold the Constitution. Supreme Court Justices also are sworn to defend and uphold the Constitution, and to interpret and compare legislation according to the dictates of the Constitution. It also promulgates that all American Citizens are protected by the Constitution, and no one is above the law, not even the members of the Supreme Court. That's why the U.S. Constitution is labeled a Rigid Constitution, which cannot be changed without the consent of three-fourths of the States Legislatures or through a Constitutional Convention Which brings one question to mind; maybe the Constitutional Scholars can answer. What gives the U.S. Supreme Court, the authority to capriciously change and alter the U.S. Constitution, in violation of Article Five of the Constitution?
The Founding Fathers foresaw the possibility that the Supreme Court would one day be politicized, and stacked with judicial cowards, with one purpose, to do their political bosses bidding. Today, the Constitution means whatever today's Supreme Court want it to mean, as long as it's ideologically slanted to the views of their political bosses. Justice Scalia showed the world Dick Cheney is his political boss, when he threw his judicial integrity in the toilet to go duck hunting with him, knowing Chaney's case was soon to be before him.
After reading G, Gordon Liddy's book (When I was a kid this country was free), it put things into perspective and shows how history repeats itself. Liddy says... At Roosevelts behest, The Democratic Congress
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passed law after law that was un-constitutional, and the Supreme Court ruled it as such. Roosevelt then tried to pack that Supreme Court with additional justices who would vote as he wished. That end run failed but the vote in Congress was so close, that the High Court was intimidated. Thus, they softened their firm stance against Roosevelt and devised a way around the Constitution that is still in use today. Why no outrage from the Legislature? Because a weak Supreme Court, will gladly do their bidding. Where are the true defenders of the Constitution? in numerous Supreme Court cases, decisions like Whitt v. U.S- 515 US 389 (1995 ) uncharged criminal conduct can be used in determining sentences, U.S. v. Watts 519 US 148 (1997) Conduct of which a defendant has been acquitted can be still used against him at sentencing, Love v. Menifee 333 f:3rd 70 (2003) cert. denied, and Crawford v. Washington 541 usJ , (2004) defendants sentenced on Relevant Conduct, Obstruction of Justice, Preponderance of the Evidence, or just plain hearsay from the prosecutor. The Supreme Court totally altered, amended, or just plain nullified the 5th, 6th and the 7th Amendments to the U.S. Constitution. Whereas, the Supreme Court does not have the constitutional authority to change or amend the Constitution, Article Five of the Constitution states:
The Congress whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two-thirds of several States, shall call a Convention proposing Amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by Congress.
One concept is imperative in our Constitution (NO ONE IS ABOVE THE LAW). The Founding Fathers knew political zealots and out and out scoundrels would try to manipulate and change the Constitution for their own political gain. That's why the checks and balances, and the separation of powers are mandated by the Constitution. Under federal law Legislative Powers is vested in Congress, consisting of the House of Representatives and the Senate. A Legislative body may delegate a portion of its law-making authority to agencies within the executive branch for purposes of rulemaking and regulations. But, a legislative body may not delegate its authority to
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the judicial branch, and the judicial branch may not encroach on legislative duties. Black's Law Dictionary States 🙁 courts have held may to be synonymous with shall or must, in an effort to effectuate legislative intent). Even if the Judicial Branch tried to use the Dormant Legislative Intent Rule: The intent the legislature would have if a given ambiguity, inconsistency, or omission had been called to the legislator's minds. It, still would not justify the Supreme Court's decisions, nor give them the authority to amend and or nullify the 5th, 6th, and 7th Amendments to the Constitution. Because neither of these Amendments are ambiguous, they say just what they mean, and they mean just what they say. Even if their was a problem with these Amendments, that makes the Supreme Court disregard them in their decisions, they are still without authority to do so. The Legislative Equivalency Doctrine comes into play, That rule being (a law should be amended or repealed only by the same procedures that were used to enact it)
Because this is the same Reagan-Bush administration from the 80's and the rhetoric is the same, War, Pre-emptive Strikes Nuclear Weapons, Axis of Evil, and the U.S. Constitution, it brought back to mind a book I read in 1989, Out of Control by Leslie Cockburn. In chapter seven she writes... There were plenty of orders floating around the Reagan National Security Council from the time Ollie North joined it as a junior staffer in 1981, that might be considered unwise or foolhardy. One of the early obsessions of the administration was fighting a nuclear war. Thomas Reed, the staffer for whom North went to bat at his trial ( for massacring innocent civilians) once declared that the policy was that the U.S should " prevail with pride" in a nuclear conflict. To this end, ambitious plans were laid for civil defense in a nuclear emergency. The Federal Emergency Management Agency (FEMA) labored over schemes to evacuate the urban population of the United States. Lieutenant Colonel North, as the NSC liaison with FEMA, worked diligently on one portion of the plan, the suspension of the Constitution and imposition of martial law. The suspension of the Constitution might also come about in conditions short of nuclear war, North reasoned, it could be imposed during conditions of violent opposition to a foreign military operation. If American forces attack North Korea and Iran there would most certainly be violent opposition to foreign military operations. So, good-bye Constitution, with the blessing of a politically biased Supreme Court, who do not even have the authority to make such a call.
Listening to the rhetoric coming from the White House, the
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only thing missing is Ollie North declaring his Project Democracy from his basement office in the White House. What's so enlightening and unsettling about this (old-new) group of White House war mongers that hid themselves from harm's way when they had a chance to fight a war. The only voice of reason that knows firsthand what war is about Colin Powell is gone. Bush has a history of removing those who disagree with him. Paul O’Neil his first treasury secretary was fired after expressing doubts about the need for additional tax cuts proposed by the Presidents Economic Adviser. Lawrence Lindsey got fired after making estimates on the cost of the Iraq war that Bush thought was too high, which turned out to be accurate. Voicing public concern about cost and troop levels hasten retirement for Marine Gen Anthony Zinni and Gen. Eric Shinseki, Army Chief of Staff. These same tactics are being employed by the party faithfull, as they goose step behind their leader. House Republicans ousted Ethics Chairrnan for being too ethical. Rep. Joel Hefley R. Colo. was replaced by Rep. Doc Hasting. Hefley’s ouster was payback for Hefley's valuing higher ethical standards over partisan loyalty, because Hefley last year twice rebuked Majority Leader Tom DeLay of Texas, because of criminal activity DeLay was involved in.
Watch yourself America. The next pre-emptive strike will be the Constitution, because it’s already under siege.
Respectfully Submitted
Razakhan Shahheed Wali
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