Our Founding Fathers, when they created the Constitution we used to have, emphasized a separation of powers between the Executive, Legislative, and Judicial branches. The Legislative branch (Congress) was intended to be the strongest of the three, writing the laws. The Executive branch (led by the President) was charged with enforcing the law and commanding the armed forces, and the Judicial branch, the courts, had the power to interpret the laws. Nowhere was the kind of judicial review we see today either permitted or forbidden by the Constitution, although Alexander Hamilton, in Federalist Paper78, argued that the courts did indeed have this duty and authority.
Thomas Jefferson worried that this might one day lead to judges playing a greater and greater role, exceeding their proper authority and legislating from the bench, functioning as black-robed tyrants. And this is exactly what has happened, as both the Executive and Judicial branches have acquired ever more power, while Congress has been overly lax in asserting its authority. It didn’t have to be this way.
The Constitution could have been so written as to specify that there would be judicial review, and also define its limits. I would suggest that state laws should be ruled unconstitutional only by state or federal supreme courts, and then only if a super majority so decide, like eight of nine justices. And no judge should be appointed for life; they should either be elected by popular vote or have terms fixed by congress or by a state legislature. But it is too late for that now.
Judicial review was first clearly illustrated in the Marbury vs Madison case of 1803, when US Supreme Court Chief Justice John Marshall (on the Court 1/31/1801-7/6/1835) ruled with the majority that the 1789 Judiciary Act was unconstitutional for even allowing someone promised and then denied a federal position to petition the Court in the first place. This seems harmless enough…but it was just the beginning.
Phony conservative Dwight Eisenhower appointed former Republican California Governor Earl Warren as Chief Justice of the US Supreme Court. Warren, Masonic Grand Master of California, had ordered the internment of Japanese-Americans during WWII, including US citizens born here. He was on record as detesting Asian-Americans, and, as a “progressive” was in favor of eugenics and forced sterilization. On the Supremes, Warren ruled that school prayer was “unconstitutional,” for “progressives” believe that our late, great Constitution doesn’t really say what it says…it says what they say it says.
He also ruled in favor of forced school integration, a noble cause, perhaps, but one that dangerously increased the power of the federal government. Warren, so eager to lock up citizens (the Japanese-Americans) convicted of no crimes, generously increased the rights of real criminals, approving the infamous Miranda decision and ordering that accused criminals be provided with public defenders, paid for by us taxpayers. This looks to me a lot like Luciferian inversion. And Earl also presided over the Warren Commission to cover up the truth behind the JFK assassination, thereby allowing more such crimes to be committed (like 9/11).
In 1973 the Supremes, in Roe vs Wade, ruled that women have a right to murder their unborn children, citing a right to privacy under the Fourteenth Amendment’s Due Process Clause. The Fourteenth, approved 7/9/1868 to protect Blacks during Reconstruction, forbade state and local governments from depriving citizens of their rights. Those of us who (thank God) do not have “trained legal minds” are unable to see the connection, and, deplorables that we are, can’t understand why legal abortion didn’t begin in 1868 if the Fourteenth Amendment made it legal.
On 6/26/2015 the Supreme Court, in the Obergefell vs Hodges decision, ruled that the Due Process Clause and Equal Protection Clause of the Fourteenth Amendment (they get a lot of mileage out of that one) somehow guarantee a “right” to same sex “marriage.” Again, it’s odd that no one had realized that in the preceding 147 years. Obviously, the creatures on the Court today are much more “enlightened” than any of their predecessors.
Hussein Obama issued an arguably unconstitutional executive order decreeing (in violation of US immigration law) that “dreamers,” illegal aliens allegedly brought here as minors by their parents, could stay in this country and receive a variety of benefits at our expense. Trump rescinded that order…and, incredibly, a lower court ruled that it was unconstitutional for him to do that. This goes beyond ordinary injustice and absurdity into the realm of true madness. One President cannot rescind a predecessor’s executive order? There is no conceivable constitutional or legal basis for this bit of evil insanity. Trump played the enemy’s game by the enemy’s rules and appealed the decision…but the Supreme Court refused to hear his appeal.
Hussein also decreed that sexual perverts, including self-mutilated “transgenders,” could serve in the military, so the DOD, on 6/30/2016, repealed the regulation forbidding them to serve. On 7/26/17 Trump barred them from the military, but was opposed by many generals and admirals, and, on 10/30/17, US District Judge Colleen Kellar-Kotelly ruled against him. Obviously, Hussein’s executive orders have the force of law, even Holy Writ, but Trump’s are invariably “unconstitutional.”
Most of Trump’s judicial and other appointments have been delayed by the Demoncraps and RINOs in Congress, but he did manage to appoint Neil Gorsuch to the Supremes, to replace Antonin Scalia, who had been assassinated (I believe that the evidence for that, while circumstantial, is overwhelming). Yet Gorsuch has already betrayed us by ruling that illegal aliens cannot be deported without lengthy hearings.
It is becoming increasingly obvious that the black-robes are making any reform of government impossible. The majority of judges are arrogant leftists implementing the NWO agenda. But the question has to be asked: why do Trump and the alleged conservatives in Congress and in state and local governments not stand up to the petty tyrants and defy them by refusing to obey at least their most absurd decisions?
We are seeing (as I had predicted in a previous article) cities and counties in California stand up to Governor Moonbeam on immigration issues, and one city in Illinois is defying the state regarding gun laws. Yet Trump and most “conservatives” meekly roll over and obey the judges, who have no guns and cannot arrest anyone. I’m afraid it is because many phony conservatives (perhaps including Trump) lack courage and conviction and are content to pretend to be trying to make necessary reforms and then blame their failure on the courts. The only thing that can save our country now is bold, decisive leadership…and we’re not getting it.
William B Stoecker
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