A Powerful Judiciary is the Very Definition of Tyranny

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Court judge holding gavel and bible, close-up (Digital Composite)
Court judge holding gavel and bible, close-up (Digital Composite)

For decades now, the Chief Executive, the Supreme Court and the mammoth unaccountable federal bureaucracy have been operating FAR FAR outside the Constitution, and too many folks just don’t seem to get it or, worse, don’t c-a-r-e. 

By our silence and routine submission to this endless stream of lawlessness we, in effect, further weaken the Constitution and those safeguards which it embodies. 

The Chief Executive and the Judiciary MUST be reined in by Congress, failing which it is up to the States, per their 10th Amendment authority, to defy and nullify these non-stop encroachments on our liberty and the Rule of Law. 

When it gets to the point–where we are now–that the strongest argument for supporting a GOP presidential candidate is to ensure that only judges faithful to the Constitution are appointed to fill court vacancies, we must then recognize that we have simply vested far too much authority in the judiciary–much, MUCH more authority than our Founders ever intended or could have ever envisioned. When voters fear the appointment of either conservatives or liberals to the court, we are exposing our total ignorance of the constitutional role and limitations of the judiciary by our having accepted the wholly heretical notion that this judicial monster which now dominates our political system is the ultimate authority on both legal and social issues. After all, don’t these omniscient jurists obtain their infallible judgement and wisdom from God? Well, that is most certainly how most Americans view these black-robed oligarchs,, though mere mortals they be.

To checkmate federal tyranny, the Constitution delegated to Congress the sacred duty to carefully vet federal judicial appointments to ensure that they are reliably committed to upholding the Rule of Law and the U.S. Constitution as originally ratified, failing which it is incumbent upon  Congress to immediately impeach and remove any federal judge who violates that trust, be s/he Democrat or Republican, liberal or conservative.

In short, the proximate cause for the relentless stream of lawless, unconstitutional rulings is FIRST faithless, agenda-driven judges and SECOND an unprincipled, spineless Congress unwilling to exercise its constitutional authority to impeach and remove demonstrably faithless judges.

James Madison on Tyranny_thumb[1]The fault also lies with the States which routinely submit to judicial imperialism with but a faint whisper of objection. Per the 9th and 10th Amendments, States are absolutely  empowered to render null and void any unconstitutional acts, not only of the federal court system, but also of the Chief Executive, the Congress and the fourth branch of government, the latter that suffocatingly lawless federal bureaucracy which routinely operates outside the Constitution.

So, why doesn’t Congress impeach, and why do the States fail to protect their citizens from the blizzard of federal encroachments? In the case of our timid Congress, it is our reps’ propensity for self-aggrandizement, ideological accommodation and political survival. In the case of the States, it is the mountains of federal hand-outs they receive for their submissiveness. In short, MONEY and POLITICAL SELF-INTEREST drive this government–not bedrock constitutional principles. 

By original design, the States and Congress are the People’s principal defenders of our right to life, liberty and the pursuit of happiness. BUT it is the People who must ensure that our Founders’ clear meaning and intentions are no longer ignored or flouted by local, State or federal apparatchiks. Thus, the ball is in our court. Who else can we trust?

As the ultimate arbiters of what is and is not constitutional, We, the creators of this federal constitutional republic, continue to ignore and dodge our responsibilities in this regard at our own peril. 

Finally, I urge readers to join and support the Article V Convention of States whose sacred task it is to restore constitutional order, the ultimate guarantor of our Liberty. I also urge thoughtful readers to join and support the Tenth Amendment Center whose herculean efforts at restoring the balance of power between States and the federal government are nothing short of stellar.

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“Seemingly guided by Chief Justice Hughes’s arrogant and insidious assertion in 1941 that ‘we are under a Constitution, but the Constitution is what the judges say it is’, the court’s unelected judicial oligarchs, aka judicial legislators, have, over the years, proven to be unreliable defenders of the Constitution”. — Jim Delaney, “A Patriot’s Call to Action” (2013)

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The opinions expressed in this commentary are solely those of the author and are not not necessarily either shared or endorsed by iPatriot.com.

Jim Delaney

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