By Don Jans
People are rioting (those on the left, but really what is new) and arguing over a seat on the Supreme Court of the United States of America. For many, the Supreme Court appointment is more consequential than who wins the presidency. This just proves how far we have moved from the Constitutional powers of the different branches of government.
Hamilton, in Federalist # 78 said that the judicial branch of government was by far the weakest of the three branches. It did not, he said, have the “sword” of the executive, who is commander in chief of the nation’s armed forces, nor the “purse” of the legislature, which approves all the tax and spending measures of the national government. It had, according to Hamilton, “neither FORCE nor WILL but merely judgment.”
Merely judgement does not include the authority to make law. The only branch of government that was given the power to legislate under the United States Constitution was the legislative branch. Today the executive branch and the judicial branch have also assumed the power to legislate or make law. Please notice that I stated the executive branch and the judicial branch and did not limit this to the President and the Supreme Court. That is because low level bureaucrats and district judges have totally ignored the United States Constitution and have assumed the role of the legislature.
The branch of government that was intended to be by far the weakest branch of government has come to be by far the most powerful branch of government. This has come about because the judicial branch has usurped power and elevated itself over time to that position. This began with the infamous ruling in Marbury v Madison where the court, under Chief Justice John Marshall, declared that the role of the court was the final authority because the Court could declare what is or is not constitutional. Over the years the judicial branch has unchecked continued to usurp authority to the point that even district judges assume they have the authority to overturn any law or declaration nationally, and their basis can be anything they deem appropriate including their political “feelings.”
In addition, the Supreme Court has assumed the role of unilaterally declaring any policy on which they can get five votes to be the law of the land. Constitutionally, these declarations such as legalizing murder as the Supreme Court did in their “ruling” of Roe v Wade, are not laws but simply an opinion of five individuals. This has come about, not only because of the members of the Supreme Court unilaterally declaring their powers extend beyond those given to them under the Constitution, but also because member of congress have seen they can protect their seats in congress by not having to vote on controversial issues, and can implement their controversial issues through the politized judicial branch.
Thomas Jefferson was very prophetic when after the Marbury v Madison ruling he stated, “To consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men and not more so. They have with others the same passions for party, for power, and the privilege of their corps. Their maxim is boni judicis est ampliare jurisdictionem [good justice is broad jurisdiction], and their power the more dangerous as they are in office for life and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves.”
The United States is today under the despotism of an oligarchy called the Supreme Court of the United States. The Supreme Court is now the chief political arm of the left and their preferred manner of directing or governing. The right is not innocent, but mostly the guilt of the right lies in their accepting the usurpation of total authority by the judicial branch of our government.
The judicial branch has not only moved from by far the weakest branch of government to by far the most powerful branch of government, but to by far the greatest threat to the God given natural rights and liberties to the people as stated in the Declaration of Independence when Thomas Jefferson stated, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”
If we were honoring the Constitution as intended, a nominee to the Supreme Court would be important, but only in the context as to their understanding of the Constitution, and their ability to separate any and all personal and political influences or prejudices from their ruling, basing their opinion only on the words within the Constitution itself. The left today demands exactly the opposite.
It is imperative that this nominee and appointed individual, and all future, be nominated and appointed because they have exhibited that they will adhere to the Constitutional role of a Supreme Court Justice. The freedom and liberty of each citizen of the United States depends on it.
The views and opinions expressed in this commentary are those of the author and do not necessarily reflect the official position of Citizens Journal
Don Jans is a national acclaimed author and speaker. He is also a lifelong student of history, with a special emphasis on Russian history. His study of Russian history led to 1917 which led to the study of the teachings of Karl Marx and Friedrich Engels. Don has written five books on the topic of Collectivism (Marxism, Communism, Socialism, Fascism, and Progressivism).
Don has been a guest on numerous nationally and regionally broadcast radio programs. He is a weekly guest on a nationally broadcast radio program where he discusses collectivism and how it is impacting the United States, relating current happenings to the collectivist agenda.
Don has spoken to numerous groups across the nation on the topic of who and what is the United States and who and what is collectivism. The collectivist movement has called for a transformation of the United States. What is critical for all to understand is what is the transformation; what are we now and into what will we be transformed.
Don’s speaking approach is the same as his writing approach, and that is to be direct and straight forward with no regard for the current mandated approach of political correctness.
Samuel Adams said, “It does not take a majority to prevail… but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men.” If we are to remain free, we must be about setting brushfires of freedom.
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