Friday, May 27, 2016

Voters allow judges to usurp legislation

Many, if not most, Americans believe that the US Supreme Court has the last word on what's constitutional or what the Constitution means. Those believers are wrong.

The idea that the US Supreme Court has the final say on the law comes from the Court itself -- not from the Constitution (see Marbury v. Madison).

The US Supreme Court often issues opinions that are contradictory, wrong, and sometimes outright evil (eg Dred Scott and Roe v Wade). The justices on the Court rarely agree on anything. How can they get so much wrong? Because they rarely rely on the Constitution to determine what's constitutional. Instead, they rely on "precedents" -- often-flawed opinions of past judges as well as their own personal biases!

Now, we learn that, in the background, Supreme Court justices quietly edit their opinions without public notice or input!

The Constitution clearly specifies that Congress is the legislative (law-making) branch of the central government. Not bureaucrats in the executive branch. Not unelected lawyers in black dresses. Yet, these two oligarchies make new law every day!

The Constitution requires all government officials (politicians, judges, bureaucrats, law enforcement officers (including all attorneys) and members of the military) to swear to be loyal to the US Constitution -- not to judicial opinions, political parties, or to any person or group of persons. Sadly, most of these government agents give their loyalty to extraconstitutional laws and judicial rulings.
"One single object will merit the endless gratitude of the society: that of restraining the judges from usurping legislation." — Thomas Jefferson, letter to Edward Livingston, March 25, 1825

"The public welfare demands that constitutional cases must be decided according to the terms of the Constitution itself, and not according to judges' views of fairness, reasonableness, or justice. I have no fear of constitutional amendments properly adopted, but I do fear the rewriting of the Constitution by judges under the guise of interpretation." — Justice Hugo Black, Columbia University's Charpentier Lectures (1968)
While many voters don't take a formal oath of loyalty to the Constitution, it is imperative that all voters understand the Constitution and the principles upon it was built and vote accordingly. Vote for principles -- not people, issues, or the letters "D", "R", or "L".

We need smarter voters.

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