U.S. SUPREME COURT JUDGES DO NOT HAVE THE FINAL WORD ABOUT THE CONSTITUTIONALITY OF A LAW! >> CONSTITUTIONAL MYTHS BUSTED: Today, citizens are told that it is the unique responsibility of judges to review laws & that they have the final word over whether or not a law is Constitutional.. NOPE! Founding Father James Madison said: Nothing has been offered to invalidate the doctrine that the meaning of the Constitution may as well be ascertained by the Legislative as by the Judicial authority. The Founders did permit judicial review (judges reviewing the constitutionality of laws) BUT THEY STRICTLY LIMITED the role of the Judiciary when doing so. For example, the Judiciary was allowed to judge laws ONLY against the narrow, specific, self-evident wording of the Constitution & nothing more. As affirmed in the Federalist Papers: There is not a syllable in the plan [the Constitution] which directly empowers the national courts to construe the laws according the the SPIRIT of the Constitution. The Founders understood that under a broad, rather than a narrow judicial review, the Judiciary could become policy makers - something they explicitly forbade. Constitution signer Rufus King affirmed, The judges must interpret the laws; they ought not be legislators. Constitution signer Alexander Hamilton agreed, declaring that the Judiciary was forbidden to substitute its own pleasure to the constitutional intentions if the Legislature. Today, however, the current Judiciary disdains this original plan & regularly exerts both force & will; it has wrongly become the dominant policy-making branch in government. The Constitution does NOT give judges the final word over which laws are constitutional. As James Madison affirmed: Refusing or not refusing to execute a law, to stamp it with its final character... makes the Judiciary department paramount in fact to the Legislature, which was never intended & can NEVER be proper. The Founders strenuously objected to judges having the final word on a law. Thomas Jefferson issued numerous warnings concerning the Judiciary branch. Some of many more warnings by Jefferson: The opinion which gives the judges the right to decide what laws are constitutional and what not, not only for themselves in their own sphere of action, but for the Legislative & Executive also in their spheres, would make the Judiciary a despotic branch. You seem... to consider the judges as the ultimate arbiters of all constitutional questions, a very dangerous doctrine indeed, and one that would place us under the despotism of an oligarchy... The Constitution has erected no such single tribunal. The germ of dissolution of our federal government is in the constitution of the federal Judiciary... advancing its noiseless step like a thief over the field of jurisdiction until all shall be usurped. Citizens must be educated concerning Judicial Myths if we are to regain both the liberties & the constitutional republic that GOD has entrusted in our hands!
Posted on: Wed, 26 Mar 2014 19:11:02 +0000
Trending Topics
Recently Viewed Topics
© 2015