“Living Constitution” Means Fuhrer
When Germany surrendered on May 8, 1945, it was actually a technical problem for International Law that until that date, Germany was, OFFICIALLY and TECHNICALLY, a free and democratic society.
Unlike Communist countries, the Nazis publicly and officially denounced any pretense of democracy.
So how were they still an official democratic republic?
I enjoy the humor of it, though it was a serious problem at the time.
The Third Reich was still operating under the Weimar Constitution.
And not just “technically.”
The Weimar Constitution had a “state of emergency” clause.
And the state of emergency had no time limit.
So Hitler took power under these constitutional emergency powers and was still operating under them when his government collapsed.
Hitler was Germany’s “Living Constitution.”
REALLY! If you read the Federalist Papers, you will find that the Founding Fathers never considered that the Judiciary would be allowed to do what we take for granted.
The judiciary will always be inferior to the other branches – “…the judiciary is beyond comparison the weakest of the three departments of power…as liberty can have nothing to fear from the judiciary alone…” Federalist 78.
But in our day we take it for granted that the current nine lawyers wearing black dresses IS “The Constitution of the United States of America.”
They are our Living Constitution, Our Fuhrers.
Because they say so.
As President I will immediately announce that they are NOT!