Posted on 03/23/2005 5:21:56 PM PST by wagglebee
What is going on gives new meaning to Jefferson's words in 1820 – long after he was out of office: "To consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy."
The problem is that recent events have left me more convinced than ever that Congress and the executive branch will never stand up to these out-of-control judges.
Exactly.
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
The vote on that is unanimous!
It is well past time to take back our rights from the Judiciary. The Legislative and Executive Branches need to develop the cojones to put the judges back in their place.
The problem is that Congress has effectively relinquished its powers to the courts.
Also, the President is given the following power:
The executive Power shall be vested in a President of the United States of America.
There is nothing in the Constitution saying the POTUS must carry out judicial mandates that he considers unconstitutional, and there certainly is no power granted the judiciary that makes them the arbiters of what is or isn't Constitutional.
Old CO Jones could cure a lot, couldn't he?
The American Government was designed as a tripod balanced on three legs, the Legislative, Executive and Judiciary. Each was to be a check and balance excess of the other.
The judiciary was to judge based on laws passed by the legislature and agreed to by the executive. Only if the law was contrary to the clear word of our Constitution was the law to be unconstitutional.
Today we have a judiciary running wild, unchecked and certainly unbalanced, a judiciary that can read elimination of religion; freedom to deprive human beings of life, in and out of the womb; elimination of the rights of self-defense and freedom of association into the Constitution that clearly does not say these things. A living document, that is what they call it. By that term they mean it says what they say it says, for they are judges, appointed for life.
The time has come for balance in our government. The time has come for judges who can read, not divine meaning with a scale in their hand. We have no need for judges to make laws, they are to judge based on written law, not give law.
Jefferson and the anti-federalist got it right on judges. This is the one mistake the federalists made.
I like the author's idea of a 2/3 vote in both houses of Congress to veto any judicial decision. Yes, it will be more difficult for Congress this way-but this is how a Democratic Republic is supposed to work.
You can bet judges would settle down, if they knew their decisions were not the final word.
Judicial review could still be allowed--but moderated, since judges know they could not dictate law absolutely.
How has this dreadful situation ben allowed to develop?
To your horror, on occasion.
If the Congress had balls enough to impeach judges and amend the Constitution to ensure judges can't weasel around it, instead of continuing to pass useless laws for some truly bent judges to 'interpret,' I would enthusiastically prefer our system.
As it is, I'm almost ready for a Parliament. We'd have entirely banned guns already in that situation, and I'm pretty sure until the 2nd amendment is completely eviscerated, I'll stick with the Constitution and American system.
"Mr. Marshall has made his ruling, let him enforce it."
--President Andrew Jackson
But it's not working...
Congress needs to have the spine to reclaim its authority to impeach, convict, and remove judges. Even SCOTUS justices are not immune to impeachment and removal. No other option is acceptable, nor will any other option work as well.
There is the easiest option of all, for the POTUS on the advise of the Attorney General to ignore these absurd rulings.
I've been wondering the same thing these past few days. Why do we need three branches of government when the judicial branch performs the function of all three?
We should just build a state religion around them and change courthouses into temples what whatever else the judges decide they want us to do for them.
Obviously our constitution hardly an obstacle.
That menas that the Executive cannot make laws, and the Judiciary cannot make laws. Stomp 'em back down to their proper positions!
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