PoliticalChic
Diamond Member
America’s Founders recognized that the enemy of liberty was unchecked power.
“They rejected a line of thought that stretches from Plato’s Republic through Rousseau’s social contract to any number of modern ideologies that men- the right men, disinterested men- could be trusted with unchecked power.”
Jonah Goldberg, “Suicide of the West: How the Rebirth of Tribalism, Populism, Nationalism, and Identity Politics is Destroying American Democracy,”p.165
Yet by dint of will power and a desire to corrupt…unchained power forced itself in: the judiciary.
Judges….better terms would be ‘tyrants,’ or even ‘pirates’…or, better still, ‘hijackers.’ Who gave judges, Justices, the powers they claim today?
No one.
And certainly not the Constitution.
1.The glaring, and momentous, mistake on the part of the Founders, was the Judicial (Supreme Court and lower Courts) Branch of the government.
Before any excuse for the error is mounted , it should be noted that the Constitution does not provide for what is called ‘judicial review,’ nor is the concept found in English law.
2.“If the framers—the authors and, most important, the ratifiers of the Constitution—had decided to grant the power, one would expect to see it, like the analogous presidential veto power, not only plainly stated but limited by giving conditions for its exercise and by making clear provision for Congress to have the last word. It appears that the framers mistakenly envisioned the power as involving merely the application of clear rules to disallow clear violations, something that in fact rarely occurs.” Professor Lino Graglia, https://www.hoover.org/sites/default/files/uploads/documents/0817946020_1.pdf
3. A series of essays, written under the name ‘Brutus,’ warned of exactly the situation we find ourselves in today:
“…they have made the judges independent, in the fullest sense of the word. There is no power above them, to controul any of their decisions. There is no authority that can remove them, and they cannot be controuled by the laws of the legislature. In short, they are independent of the people, of the legislature, and of every power under heaven. Men placed in this situation will generally soon feel themselves independent of heaven itself.”
Brutus, March 20, 1788
http://www.constitution.org/afp/brutus15.htm
4. Is there a reason to believe that this independent, self-authorized department of government, the Judiciary, is a problem….even a danger to America?
You betcha’!!!!
The elites, the judges, claim to know better as to what our values, attitudes, and institutions should be.
“Today, however, for a variety of reasons, they—particularly academics—often see it as part of their function to maintain an adversary relationship with their society, to challenge its values and assumptions, and to lead it to the acceptance of newer and presumably better values.”
David Brooks, “Bobos in Paradise: The New Upper Class and How They Got There.”
I didn’t vote for them……and I am more than capable of determining my own values and attitudes.
How about you?
“They rejected a line of thought that stretches from Plato’s Republic through Rousseau’s social contract to any number of modern ideologies that men- the right men, disinterested men- could be trusted with unchecked power.”
Jonah Goldberg, “Suicide of the West: How the Rebirth of Tribalism, Populism, Nationalism, and Identity Politics is Destroying American Democracy,”p.165
Yet by dint of will power and a desire to corrupt…unchained power forced itself in: the judiciary.
Judges….better terms would be ‘tyrants,’ or even ‘pirates’…or, better still, ‘hijackers.’ Who gave judges, Justices, the powers they claim today?
No one.
And certainly not the Constitution.
1.The glaring, and momentous, mistake on the part of the Founders, was the Judicial (Supreme Court and lower Courts) Branch of the government.
Before any excuse for the error is mounted , it should be noted that the Constitution does not provide for what is called ‘judicial review,’ nor is the concept found in English law.
2.“If the framers—the authors and, most important, the ratifiers of the Constitution—had decided to grant the power, one would expect to see it, like the analogous presidential veto power, not only plainly stated but limited by giving conditions for its exercise and by making clear provision for Congress to have the last word. It appears that the framers mistakenly envisioned the power as involving merely the application of clear rules to disallow clear violations, something that in fact rarely occurs.” Professor Lino Graglia, https://www.hoover.org/sites/default/files/uploads/documents/0817946020_1.pdf
3. A series of essays, written under the name ‘Brutus,’ warned of exactly the situation we find ourselves in today:
“…they have made the judges independent, in the fullest sense of the word. There is no power above them, to controul any of their decisions. There is no authority that can remove them, and they cannot be controuled by the laws of the legislature. In short, they are independent of the people, of the legislature, and of every power under heaven. Men placed in this situation will generally soon feel themselves independent of heaven itself.”
Brutus, March 20, 1788
http://www.constitution.org/afp/brutus15.htm
4. Is there a reason to believe that this independent, self-authorized department of government, the Judiciary, is a problem….even a danger to America?
You betcha’!!!!
The elites, the judges, claim to know better as to what our values, attitudes, and institutions should be.
“Today, however, for a variety of reasons, they—particularly academics—often see it as part of their function to maintain an adversary relationship with their society, to challenge its values and assumptions, and to lead it to the acceptance of newer and presumably better values.”
David Brooks, “Bobos in Paradise: The New Upper Class and How They Got There.”
I didn’t vote for them……and I am more than capable of determining my own values and attitudes.
How about you?