Monday, January 03, 2005

The Judiciary

"Although most of the Framers of the Constitution anticipated that the Federal judiciary would be the weakest branch of Government, the U.S. Supreme Court has come to wield enormous power with decisions that have reached into the lives of every citizen and resolved some of the most dramatic confrontations in U.S. history. The word of the Supreme Court is final. Overturning its decisions often requires an amendment to the Constitution or a revision of Federal law.

The power of the Supreme Court has evolved over time, through a series of milestone court cases. One of the Court's most fundamental powers is judicial review–the power to judge the constitutionality of any act or law of the executive or legislative branch. Some of the Framers expected the Supreme Court to take on the role of determining the constitutionality of Congress's laws, but the Constitution did not explicitly assign it to the Court. Marbury v. Madison, the 1803 landmark Supreme Court case, established the power of judicial review."

In my previous post, I stated that unless the people, through their elected congress and executive branch have some means of dealing with judges who act beyond the scope of what is acceptable by the people, we have a judicial dictatorship. If decisions made by judges are not adhering to the Constitution of The United States as it was written, including the amendments, the courts are free to decide that their own opinions outweigh the opinions of the people. We lost the ability to utilize prayer in government schools. The ACLU has won many cases, upheld by the courts, that are in direct opposition to what the majority support. We therefore, via the inability to hold judges accountable for decisions contrary to what the majority would decide, are seeing the tyranny of the bench manifest itself. Rights of the majority have been eliminated in efforts to protect the viewpoints of a few. Congress and the executive branch are weakened by the ability of the courts to interpret legislation as unconstitutional even when there is no clear-cut support for their views. The people have lost their voice.

1 comment:

  1. Pat, I really appreciate your Blog. I get to it everyday post haste.
    The federal judiciary indeed has far overstepped its bounds. But, in the same way, so has the federal congress. The Constitution has limited them all a great deal more than what they have become. Their authoritative rights and responsibilities have now far surpassed those that had been reserved to the states and the people, rendering the Constitution almost to a 'dead letter' status.
    This turn of events has almost been inevitable as the culture turns away from God to the idols made by its own hands and vain imaginations.
    Palliating symptoms has a benefit, but will only delay or negate the possible cure. Limiting the federal judiciary would be beneficial, but not the cure.
    The authorized shedding of the blood of our children parallels the passing them through the fire to Molech. The church will endure, but I am not so confident for our nation.
    Pat, keep up the good work!