The judicial branch of government has become the most powerful branch of government. It is accepted that the Supreme Court is the ultimate declarer as to what can or cannot be law. The judicial branch has taken upon itself to declare for instance that it is “constitutional to murder an unborn child.” The judicial branch has declared for instance that non-citizens of the United States have the same constitutional rights, in many instances more rights, than do citizens. We even have district judges declaring that a clearly non-constitutional executive order cannot be overturned by another executive because the judge declared the intent for overturning was racist.
The overreach of the judicial branch of government is detrimental to liberty and freedom. The judicial branch of government, never intended to be political, has become totally political. When a ruling has been declared, be it by a district court, an appellate court, or the Supreme Court, we have become attuned to searching which political party was in power when the judge was appointed. This is the fault of politicians, but it is also the fault of those who have been appointed to what was to be a non-political position.
The judicial branch of government has become the strongest branch of government. Many believe what they rule is law. Many believe a ruling once made, must not be overturned no matter how egregious. Even trials are now determined for political reasons and are void of even attempting to search for truth, so justice prevails.
What was to be the role of the judicial branch. Alexander Hamilton explained the intended role in Federalist #78.
Alexander Hamilton, Federalist Paper #78 - The Judiciary will always be least dangerous to the political rights of the Constitution
Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community.
The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.
This simple view of the matter suggests several important consequences. It proves incontestably, that the judiciary is beyond comparison the weakest of the three departments of power1; that it can never attack with success either of the other two; and that all possible care is requisite to enable it to defend itself against their attacks. It equally proves, that though individual oppression may now and then proceed from the courts of justice, the general liberty of the people can never be endangered from that quarter; I mean so long as the judiciary remains truly distinct from both the legislature and the Executive.
Never did the Constitution give the court the power it holds today. If the Founding Fathers had wanted to give the Supreme Court the power of judicial review, they would have written that power into the Constitution in 1787. Marshall's decision in Marbury v. Madison is silent junta that overthrew the clear intentions of the Constitution. The power grab by the Marshall Court has grown until today where nine lifetime appointed people can, do, and will act as tyrannical dictators believing what they say is law, when the Constitution declares their rulings are mere opinions, and only Congress can make law.
Unless we have nine truly independent and brave people sitting on the Supreme Court, nine truly independent people who will act according to the Constitution and not to political ideology, the United States will continue down “The Road to Tyranny.”
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