Thoughts on the Federal Constitution After Victories Over State Court Encroachments on Federal Rights

The Constitution entrusts, by and for the benefit of the People of this Great Nation, through the enumerated Article I powers vested in the Legislature, the promises of our Great Charter; to protect those diverse groups among us by instilling the foundations of ultimate democracy, the benefits of prosperity, and the hope of Justice for All citizens.

We the People repose our faith that the Executive branch will faithfully execute these immense powers. But, to be sure, we have also granted authority to an impartial and therefore Judicial branch to see these promises are kept and to see through to fruition enforcement of our collective, and therefore greater, federal rights in this necessarily limited sphere, as counter opposed to those great unwritten powers and rights reserved to the states, or to the People, respectively. Nothing in the Constitution allows the states, from the broad authority granted to them by this instrument’s leaving to them all powers not written within the Constitution, to act through their own constitutions, judicial branches, or state capitols in a manner contrary to that positively enacted and authorized federal legislation, limited though the latter may be by design.

It is for the brave and courageous among us to remain ever diligent, ever persistent in seeking to preserve this necessary balance. It is as shocking, as it is discouraging, to see this balance ignored time and time again. But a victory won defending the Constitution is a sure means to embolden even the most hardened among us to continue to believe in the instrument through which our Founding Fathers sought to preserve this delicate balance, and a further testament to the power of its promise, and the elegance of its execution.

About cjtucker06

Owner of law firm since July 2014; Handles all types of appellate matters and assists other lawyers with complex litigation and insurance coverage issues; Admitted to the Supreme Court of the United States, the Sixth Circuit Court of Appeals and the State Bar of Michigan; Expertise in prosecuting and defending appeals with several significant successes in the Sixth Circuit Court of Appeals, the Michigan Supreme Court and the Michigan Court of Appeals; Author of briefs amicus curiae in the Michigan Supreme Court for the Michigan Defense Trial Counsel and the Insurance Institute of Michigan; Represents Insurance Companies, Major International Business, Governmental Entities, Law Enforcement Officers and County Sheriffs. Board of Directors, Michigan Defense Trial Counsel Amicus Committee Co-Chair, Michigan Defense Trial Counsel Military - Retired Major in the Judge Advocate General (JAG) Corps of the United States Army, Brigade Judge Advocate and Staff JAG officer for the Maneuver Training Center, Camp Grayling, Michigan; Recipient of the Army's Meritorious Service Medal (the highest medal of honor available to Soldiers serving in non-combat roles); 2012 Graduate of the Judge Advocate Officer Advanced Course, at The Judge Advocate Legal Center and School, Charlottesville, Virginia. United States Navy Reserves, Combat Warfare Qualification, January 1989 to July 2003 Former law clerk to Justice Stephen J. Markman, Michigan Supreme Court, Research Attorney, Michigan Court of Appeals. Insurance Coverage Associate Plunkett Cooney; Environmental Law Attorney at Squire Sanders, now Squire Patton Boggs; Master's Degree in Environmental Law; Environmental Law Scholar, ALI/ABA Washington, D.C., Juris Doctorate, Vermont Law School, Environmental Editor, Vermont Law Review; Treasurer and Finalist, Moot Court Advisory Board.
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