The Judiciary

The Judiciary

By Leon Howard

One of our ‘checks and balances’ in the Constitution is the Judiciary Branch. It is no longer the ‘check and balance’ our founders envisioned and has become the branch feared by Thomas Jefferson (among others)! With the consistent exception of Clarence Thomas, the Supreme Court Justices are now the bane of our Constitution! They no longer hold to the Original Intent of the Constitution, but rather to ‘case law’ and ‘precedent’ – A very ugly trend we must change if we want to preserve our liberties! Thomas Jefferson offers many warnings and we have not heeded them!

·      “On every question of construction carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates and instead of trying what meaning may be squeezed out of the text or invented against it, conform to the probable one in which it was passed. …Thomas Jefferson, letter to Associate Justice William Johnson, June 12, 1823

·      “At the establishment of our constitutions, the judiciary bodies were supposed to be the most helpless and harmless members of the government. Experience, however, soon showed in what way they were to become the most dangerous; that the insufficiency of the means provided for their removal gave them a freehold and irresponsibility in office; that their decisions, seeming to concern individual suitors only, pass silent and unheeded by the public at large; that these decisions, nevertheless, become law by precedent, sapping, by little and little, the foundations of the constitution, and working its change by construction, before any one has perceived that that invisible and helpless worm has been busily employed in consuming its substance. In truth, man is not made to be trusted for life, if secured against all liability to account.” …. Thomas Jefferson, letter to Monsieur A. Coray, Oct 31, 1823

·      “It has long, however, been my opinion, and I have never shrunk from its expression... that the germ of dissolution of our federal government is in the constitution of the federal Judiciary;... working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped.” … Thomas Jefferson, letter to Charles Hammond, August 18, 1821

·      “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 Constitution... is a mere thing of wax in the hands of the judiciary which they may twist and shape into any form they please.” …Thomas Jefferson, letter to Judge Spencer Roane, September 6, 1819

·      “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 engulfing insidiously the special governments into the jaws of that which feeds them. …Thomas Jefferson, letter to Judge Spencer Roane, Mar 9, 1821

·      “The judiciary of the United States is the subtle corps of sappers and miners constantly working under ground to undermine the foundations of our confederated fabric. They are construing our constitution from a co-ordination of a general and special government to a general and supreme one alone. …Thomas Jefferson, letter to Thomas Ritchie, December 25, 1820

·      “We have the wolf by the ears, and we can neither hold him, nor safely let him go. Justice is in one scale, and self-preservation in the other. …Thomas Jefferson, letter to John Holmes, Apr 22, 1820

·      “[T]he opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves, in their, own sphere of action, but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch. …Thomas Jefferson, letter to Abigail Adams, September 11, 1804

·      “[The Judicial Branch] 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. …Alexander Hamilton, Federalist No. 78, 1788

How do we turn our Supreme Court around to the “Interpreter of the Constitution” envisioned by our founders? It will not be easy and may not be attainable with our current political parties, which have the same agenda: Compliant citizens robbed of the liberties and enslaved to an all-powerful central government!

But we must try! We must try for the sake of future generations of Americans and the hope of the world!

It starts with a President who nominates true Constitutionalists, not these leftist jurists with an agenda for one-world government! Then, we need a Senate who will hold to approving only those who promote ‘original intent’ and, then, we need a Senate who will remove jurists from U.S. Courts, by impeachment, for violating original intent in their rulings!

We, the People, must educate ourselves to what our founders actually created and then hold our “representatives’” feet to the fire and, if they don’t do, fire them in the following election! Congress has the power and the obligation to regulate what kinds of cases the Supreme Court hears – For example: Why are we allowing the Supreme Court to decide what constitutes marriage? Marriage wasn’t a creation of man; it was God’s creation and is stated in the Holy Bible, the Torah, and even the Quran!

Our Congress could pass a law forbidding the Court to interpret the Holy Bible – Why haven’t they? It shouldn’t be necessary because of separation of Church and State but that hasn’t stopped the lower U.S. Courts from exerting God-like rulings on this very issue! The Senate should impeach every lower court judge who has offered opinion on this issue and the State should be removed from the marriage business all together! Marriage is sacred in the eyes of God – It is not sacred in the eyes of the State!

This  is but one example of how we, through our “representatives”, have allowed the Judiciary to usurp powers not granted by the Constitution and we, the People, can get this changed if we are persistent!