Amos v. Mosley Quote

“If the legislature clearly misinterprets a Constitutional provision, the frequent repetition of the wrong will not create a right.”

~ Amos v. Mosley

77 SO 619. Also see Kingsley v. Metril, 99 NW 1044

Ratings and Comments


MIke, Norwalk

unless you are a democrat or republican

J Carlton, Calgary

Let's see, Hamilton decided "Promote the general welfare" meant he should start a central bank that controlled the money supply. Of course he and his rich buddies immediately turned it into their own slush fund. Jackson shot it down. Wilson brought it back. And like an incurable venereal disease, its been with us ever since.

jim k, austin

J Carlton hits the nail squarely on the head once again. Our congress pays no attention whatsoever to the Constitution and hasn't for many, many, years. To them the Constitution is only a slight annoyance.

J Carlton, Calgary

Jim K, It became really apparent when Bush said, "THe Constitution is just a damn piece of paper" That's when I tore up my Republican card and stepped firmly into the Libertarian camp. I'd rather be in the same proud company as the Americans who threw the Brits (Imperialism) into the sea.

cal, lewisville, tx

Sadly J Carlton, Bush was right. The Supreme Court says we may read it, but the court will tell you what it says. Do we really have written law or is it only a judge's opinion? Your fellow Libertarian.

Mike, Norwalk

cal, you are absolutely correct. I have given many horror stories on this blog about how corrupt the courts are. It started with the courts ruling in favor of unconstitutional legislation. It then progressed to activist courts writing their own law, then more. Now the courts don't care what legislation says, or what stare decisis made up earlier, they do what ever they want, when ever they want. My one friend's case was turned down twice by grand juries then went to court with no grand jury ever hearing his case. The charges against him were based on expired statutes. Not until the trial was well under way did any statutes get changed to something current. The prosecutor's arguments had nothing to do with anything he had ever been charged with. After he was convicted he kept trying for appeals. The official record of court transcripts and proceedings were completely changed at least 3 times we know of, eliminating any chance for appeal. His case is only typical of what is going on in the courts today. Even attorneys are quiting the profession because it is so corrupt

J Carlton, Calgary

Cal, let's keep in mind that the founder's had just fought a war to remove themselves from tyranny, the spirit of their intent can not be mistaken no matter what some puppet judge of the day tells you.

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