I know it's been there, but it doesn't make it right or Constitutional. The problem lies in the fact that the courts are not kept honest because there is no check on judicial power. A court decision stands, until another higher court reverses that decision. There is no constitutional way to keep courts and individual judges from going rogue.
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The constitution hasn't been seriously adhered to since the ink was dry.
You are correct! As far back as POTUS John Adams, when he was trying to get the sedition act through congress so that anyone that disagreed with the decision to go to war with France would be arrested. This was a blatant violation of the first amendment freedom of speech protections. This is why the government government needs to be shackled, because the government will take take take as long as you let them.