Posted on 08/30/2009 7:22:12 AM PDT by brucek43
Judicial tyranny cannot exist absent a compliant Congress.
Bruce Karlson
Judicial tyranny began with an obscure case in 1803. A supine Congress accepted the Court’s ruling in Marbury v. Madison in 1803 which nullified a law in making its ruling. Congressional acquiescence allowed the genie of judicial rule by decree to be released. To better understand the significance of this ruling, we should examine the thoughts of the Founders.
The issue of judicial poaching was of concern, and is addressed in the Constitution’s Article III, Section 2, “In all other cases before mentioned the Supreme Court shall have appellate jurisdiction both as to law and to fact, with such exceptions, and under such regulations as the Congress shall make.” Congress clearly has the power to overturn decisions by the “robes” but declines to use it.
Further: In The Federalist #47, James Madison opines, “No political truth is certainly of greater intrinsic value….than that on which the objection is founded. The accumulation of all power, legislative, executive or judiciary, in the same hands, whether of one, ….may justly be pronounced the very definition of tyranny.” Madison clearly feared the aggregation of power in any branch.
Thomas Jefferson, in a letter to Judge William Johnson in 1823: “The case of Marbury and Madison is continually cited by bench and bar as if it were settled law,…But the Chief Justice says, “there must be an ultimate arbiter somewhere. True, there must be, but…the ultimate arbiter is the people.”
Federalist #51, paragraph #4, Hamilton or Madison, “But the great security against the gradual concentration of the several powers in the same department, consists in giving to those who administer each department the necessary constitutional means and personal motives to resist the encroachments of the
(Excerpt) Read more at collinsreport.net ...
...And a disarmed populace.
This is a great post and ping for later. Also, the dirty little secret is that congress routinely ignores Malbury by witting into some “pet” laws that the courts have no jurisdiction. I also recall that in the Endangered Species Act Congress wrote in a mechanism to overturn court decisions. Congress chooses to use the court for political cover to impose the tyranny on the people so they have clean hands.
A key constituional provision is Congress’ power to restrict matters from consideration by the court. That power has been used......NEVER.
You nailed it. Anything to pacify the rubes and avoid responsibility!! Has served them well for a long time...Congress was OK with Lincoln’s jailing of thousands during his was for “suspicion of Southern sympathies”.
In the US today, we have the 3 branches of government competing on who can be the biggest tyrant. It’s a race to the bottom, who will win? Will the courts/judges win? Will Congress win? Will Obama win? Who is the dirtiest?
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