Posted on 09/18/2021 4:52:33 AM PDT by Kaslin
Talk to me for just a few minutes about my life as a lawyer and I will tell you that, without question, the worst thing about being a litigator is activist judges. It turns out that Clarence Thomas shares my concern, for he fears the power that the Supreme Court holds.
In a speech at the University of Notre Dame, the brilliant jurist told his audience that “The court was thought to be the least dangerous branch and we may have become the most dangerous,” adding, “And I think that’s problematic.” Indeed
Article III of the Constitution of the United States establishes a “supreme Court.” It lists those matters that fall within the Court’s jurisdiction, including “all Cases, in Law and Equity, arising under this Constitution....” While Art III limits somewhat the nature of the cases the Supreme Court may hear, it does not impose any checks or balances on the Supreme Court’s power.
Then, in 1803, Chief Justice John Marshall extended the Court’s power, holding that Article III’s grant of authority inevitably gave the Court the power to overturn unconstitutional legislation. The result is a Supreme Court that has freely rewritten the Constitution to achieve political ends—and turned the Court itself from what should be a neutral judicial institution into one that has become the partisan center of D.C.
The problem began with the fact that, while Articles I and II, as well as the Bill of Rights, had roots in long-established British rights, some stretching back as far as 1215 and the Magna Carta, the Founders started from scratch with the Supreme Court. Alexander Hamilton, in Federalist No. 78, believed the judiciary would be the “least dangerous branch of government,
(Excerpt) Read more at americanthinker.com ...
I have a lot of respect for him, especially his dissent after the SC ruling after the election. He said it will ensure that chaos and confusion continue in future elections. He said it will “invite further confusion and erosion of voter confidence.”
Yep, but the warning is too late, and the Democrats do not care about that danger one whit. Neither do the RINOs.
Activist Judges?
We had them back in 1771, activating on behalf of Geroge III.
We told these activist judges, appointed by George III, to all to pack up, leave their homes and go away or suffer tar and feather.
The Community Committees of Safety appointed interim judges and later the Community of Freemen elected their own Judges.
We did that 200 years ago, and we can do it again.
This is NOT our first dance.
Dems want power. RINOs are content with just being the minority and getting rich. It’s a recipe for the utter destruction of our American Heritage.
Your real boss is whoever affects whether you remain employed.
With civil service laws, a bureaucrat can’t be fired for obeying a court order instead of the President, but CAN get in trouble for defying a judge.
In Andrew Jackson’s time, he could get away with telling the Supreme Court to get stuffed, because he had the power to fire and replace people at will.
As much as I respect him, Scalia and Alito, they all stood silently by as the ineligible Kenyan from Indonesia was sworn in in direct violation of the Constitution.
Thomas is my favorite Supreme Court justice of all time, bar none. If we had 9 like him, we would be in good stead.
It’s all about incrementalism. We’ve gone from judicial decisions based on the Constitution to judicial overreach to judicial activism to the judicial tyranny of today.
Has anyone seen a link to the entire speech? I just clicked through about 10 links and they all just have snippets, at best.
bkmk
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