Judicial Tyranny
“Good intentions will always be pleaded for any assumption of power. . . . There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters.” Daniel Webster[1]
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The Founding Fathers created 3 branches of government, each intended to be a counterbalance against the other two. The legislative and executive are subject to the will of the people through elections. The judiciary is not. The reason the founders created a judiciary that would not be subject to elections and where they serve for life was to ensure that they would decide the constitutionality of federal laws impartially and be free from political pressure. There was NEVER an expectation that the Judiciary would assume the functions of the legislative and executive branches. In modern times, the judiciary has become a very politicized institution and is now the dominate branch of government. The judiciary is an out of control institution that MUST be brought back to its Constitutional foundation.
Excesses of the imperial judiciary
While the judiciary has been prone to acquire excessive authority since the early days of the Republic, the real damage has been done since World War two. In recent years, liberal judges have declared statewide referendums illegal, put same sex marriages on the same level as normal heterosexual marriages, run school districts as their personal dictatorship, mandated tax increases in different parts of the country and denied citizens freedom of speech. Activist judges have taken over prisons, private-sector hiring and firing practices, ordered states to grant benefits to illegal immigrants and approved the seizure of private property without just compensation. They have declared that morality alone is an insufficient basis for legislation.
The federal judiciary today is involved in nearly every aspect of American life, regularly vetoing the decisions of elected federal and state legislatures. These justices can and do dictate economic, cultural, criminal and security policy for the entire nation. These rulings are an absolute violation of the Constitution.
Thomas Jefferson had second thoughts on the Constitutional makeup of the Judiciary
In 1820, an aging Thomas Jefferson wrote, “... 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.[2] 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 [judicial] power the more dangerous as they are in office for life, and not responsible, as the other functionaries are, to the elective control.[3]
In 1821, Jefferson stated, “The great object of my fear is the federal judiciary. That body, like gravity, ever acting, with noiseless foot, and unalarming advance, gaining ground step by step, and holding what it gains, is ingulfing insidiously the special governments into the jaws of that which feeds them.”[4]
The judiciary’s silent revolution
Over the past 40 years, the Judiciary has executed a successful coup against the people and the Constitution of the United States, and we don’t even realize it. America has been turned into a judicial dictatorship where judges have absolute authority and are the final arbiter of law. This transformation from a representative republic into a judicial dictatorship has been so gradual - and the American people have become so passive - that we now accept the rulings of these Judicial dictators. The Judiciary is rewriting our constitution as they impose their personal political agenda on the people. This is NOT what the Constitution says the judiciary is to be doing. Judges have assumed this power by self declaration. Voting means less and less because judges violate the will of the people. Since federal judges can’t be voted out of office, there needs to be a remedy for judges who want to play dictator. Instead of accepting these unconstitutional rulings, we must put an end to it.
The claim by the political establishment that impeaching out of control judges is an attack on the Rule of Law is nonsense. Removing activists judges will RESTORE the Rule of Law that has ALREADY been severly damaged. Historically, POWER CORRUPTS and the judiciary is a corrupt institution.
It’s ironic how history repeats itself - only the cast of characters changes. Prior to the American revolution, in virtually every country in the world, you had a ruling elite which imposed laws on the rest of society at their whim. We fought a War for Independence to free ourselves from the King of England imposing his values and laws on the people. Today, we have leftist federal judges acting with the same dictatorial arrogance as the Kings and Queens of yesteryear - imposing laws on Americans at their whim, while making some bogus reference to the Constitution as justification for their unconstitutional rulings. Nearly all of these liberal judges are Democrats, appointed by Democratic Presidents. Republican Presidents have been unable to get many good conservative judges confirmed to the federal judiciary due to obstructions from the Democrats. The fact that the political left supports these unconstitutional judicial rulings is indicative of a belief system that has much in common to the ruling elites in third world dictatorships.
New laws that must be passed
A Constitutional Amendment must be passed concerning the Judiciary to restore proper balance between the 3 branches of government:
1) Define the legal boundaries of judges so they are no longer able to twist the Constitution in order to impose their personal political agenda on the people. Specifically, judges will no longer be allowed to impose laws on the people, order taxes to be raised or run any institution (schools, prisons, etc.) as their personal dictatorship. The judicial branch is to decide the constitutionality of federal laws. Period.
2) Judges will not be allowed to interpret the meaning of laws passed by legislatures. If a law is vague, a judge can only send it back to the legislature so they can write the legislation properly.
3) When a federal court makes a ruling that is out of the mainstream or based on a bogus reference to the Constitution, either the President or Congress can prevent this ruling from taking effect.
A. The President can issue an Executive Order that puts a temporary hold on the ruling pending a vote by the Senate. If 55 Senators vote to uphold the Presidential hold, then the court ruling is struck down and declared invalid. Otherwise, the court ruling stands.
B. If 55 Senators sign a declaration calling for a vote on the ruling, it MUST be voted on in the Senate within 30 days. The Senate leadership cannot prevent a vote. If 55 Senators votes against the court ruling, the court ruling is struck down and declared invalid. Otherwise, the court ruling stands. The President can NOT veto this Declaration or prevent it from being voted on in the US Senate.
This Constitutional amendment will save America from a judicial dictatorship. The problem is that Obama and most democrats support a judicial dictatorship. This is why people need to become better informed voters. It needs to be noted that the two judges added by President Bush (Alito and Roberts) have tipped the balance of power from radical liberal to normal. Many decisions by the court have favored upholding the Constitution by a 5-4 vote. It should also be noted that the two justices appointed by Obama are radical extremists.
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