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Archive for April 6th, 2005

The Shape of Things to Come: Judicial Tyranny

Posted by Mark on April 6, 2005

Get used to the phrase, “Judicial Tyranny.” You will hear it alot from conservative circles in coming days. This letter from James Dobson to over a million Focus on the Family members is but an example of the coming deluge:

Thomas Jefferson warned repeatedly about the emergence of an out–of-control judiciary that would destroy the Constitution and, along with it, America’s fundamental freedoms. He first became alarmed when, in 1803, the U. S. Supreme Court issued a landmark decision called Marbury v. Madison. It allowed the Justices to rule on the constitutionality of every legal issue, both inside and outside the government, giving themselves unrivaled imperial power. The concept of “checks and balances” that was intended to keep one branch from eclipsing the other two was no longer in force—at least not with regard to the judiciary. Thereafter, the President, the Congress, and the will of millions of American people have been subservient to the rulings of five imperious justices, along with numerous lower court judges, who continue to issue their decrees beyond the reach of any authority.

When Jefferson recognized the full implications of the Marbury decision, he wrote this prophetic statement: “It is a very dangerous doctrine to consider the judges as the ultimate arbiters of all constitutional questions. It is one which would place us under the despotism of an oligarchy.” 18

BINGO! What we have today, 202 years later, is an oligarchy (rule by a small cadre of elites.) The courts simply strike down laws and policies they don’t like, whether their opinions reflect the provisions of the Constitution or not. Furthermore, the activist judges and those who support them have turned the Constitution into what they call “a living, breathing document,” in which its actual words no longer mean what they say. The Constitution “evolves,” they tell us, to fit the biases of the court. Consequently, we no longer have a government “of the people, by the people and for the people,” as Abraham Lincoln described it at Gettysburg. It is, instead—an oligarchy.

What started with the book Men in Black by Mark Levine reached a turning point with the arrogance of the Judiciary over Terri Schiavo. Judicial nominations are the next big political battleground.

One of the weapons you already hear the left using is to caution against violence. The idea is that somehow, by criticizing judges in any way, they will be more open to threats of bodily harm. Judges make hard decisions, many times against the worst criminals our society can create. They are already threatened by these creeps. To somehow move that to the idea that any criticism leaves judges open to violence is a stretch, and smacks of manipulation. It reminds me of the Left’s attempt to capitalize on the Oklahoma City Bombing by somehow linking it to conservative talk radio. Didn’t work then. Won’t work now.

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