Joe Kelley
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"By art. 3. sect. 2. “the judicial power shall extend to all cases in law and equity, arising under this constitution, the laws of the United States,” &c. What is here meant by equity? what is equity in a case arising under the constitution? possibly the clause might have the same meaning, were the words “in law and equity,” omitted. Cases in law must differ widely from cases in law and equity. At first view, by thus joining the word equity with the word law, if we mean any thing, we seem to mean to give the judge a discretionary power. The word equity, in Great Britain, has in time acquired a precise meaning — chancery proceedings there are now reduced to system — but this is not the case in the United States. In New-England, the judicial courts have no powers in cases in equity, except those dealt out to them by the legislature, in certain limited portions, by legislative acts. In New-York, Maryland, Virginia, and South Carolina, powers to decide, in cases of equity, are vested in judges distinct from those who decide in matters of law: and the states generally seem to have carefully avoided giving unlimitedly, to the same judges, powers to decide in cases in law and equity. Perhaps, the clause would have the same meaning were the words, “this constitution,” omitted: there is in it either a careless complex misuse of words, in themselves of extensive signification, or there is some meaning not easy to be comprehended. Suppose a case arising under the constitution — suppose the question judicially moved, whether, by the constitution, congress can suppress a state tax laid on polls, lands, or as an excise duty, which may be supposed to interfere with a federal tax. By the letter of the constitution, congress will appear to have no power to do it: but then the judges may decide the question on principles of equity as well as law. Now, omitting the words, “in law and equity,” they may decide according to the spirit and true meaning of the constitution, as collected from what must appear to have been the intentions of the people when they made it. Therefore, it would seem, that if these words mean any thing, they must have a further meaning: yet I will not suppose it intended to lodge an arbitrary power or discretion in the judges, to decide as their conscience, their opinions, their caprice, or their politics might dictate. Without dwelling on this obscure clause, I will leave it to the examination of others."
Federal Farmer XV
January 18, 1788
That is Richard Henry Lee against the Con Con Con Job of 1787, and against the use of words deceptively, especially when the perpetrators of this type of fraud (then known as "construction") are claiming to be in favor of a federal (voluntary association for mutual defense) government. Richard Henry Lee was the 6th President of the actual federal government before the criminals took over.
As to the meaning of the first amendment, it is a right for the people who are victims of criminal governments (tyranny) for them to put those criminals on trial: that is the meaning of the first amendment, as demonstrated by the Declaration of Independence.
As soon as the criminals extorted or bribed "RAT-ification" of their slave trading, summary justice, "Constitution," they - the criminals - went to work building their summary justice court system of extortion with their Judiciary Act of 1789. They did that before amending their slave trading "Constitution," with the very poorly written Bill of Rights. When I judge the writing of the Bill of Rights as a poor job, it is appraised according to moral principle, such as the truth setting people free, rather than lies making criminals rich, as criminals subsidize their slave business.
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