—Ronald Reagan
Is the Legal System in our country out of control? Ask this question of anyone and you will get the same answer – a resounding “YES!” No one (not even attorneys) can argue that our system of justice as it stands today, bears little resemblance to the plan laid out by our forefathers. The question then arises, “How did this happen?” Alternatively, more accurately, “How did we let this happen?” There are two primary reasons:
1. We have allowed the judiciary to “make” law, rather than apply the Constitution, as their Oath of Office requires.
2. We have allowed legislatures and governmental bodies to become infested with attorneys and/or members of the judicial branch who are nothing more than political “sellouts” engineering their next career move.
JUDICIAL TYRANNY
“Somewhere ‘out there’ beyond the walls of the courthouse, run currents and tides of public opinion which lap at the courtroom door.”
—William H. Rehnquist
All over America we live under the tyranny of judges who put criminals back on the street, abolish any public expression of our religious heritage, deny the sovereignty of parents and overturn the will of voters. Because judges are not held to any standard of public accountability, they are allowed to indulge themselves in personal conduct that is not tolerated in any other segment of our society. They have shrouded themselves in secrecy and protected themselves with immunity. These conditions are intolerable and must not be allowed to continue.
Our Founding Fathers recognized the necessity of judicial restraint and the dangers of judicial activism. James Madison wrote in The Federalist Papers that to combine judicial power with executive and legislative authority was “the very definition of tyranny,” and Thomas Jefferson believed that allowing only the un-elected judiciary to interpret the Constitution would lead to judicial supremacy. “It is a very dangerous doctrine to consider the judges as the ultimate arbiters of all constitutional questions,” said Jefferson. “It is one which would place us under the despotism of an oligarchy.”
Today, Jefferson’s premonition is all too real. The judiciary has stepped far beyond the bounds of its intended functions. It is the definition of a democracy where un-elected (or un-electable) individuals decide vital political issues. However, in our American Republic, when we have judges ruling over us, practicing “law” from the bench, this action defines what America has sunk to, an Oligarchy. Now the out of control judicial activism, the Oligarchy, is one of the greatest threats to the American Republic. The result is a de-facto rule by jurists whose power is unchecked and who see fit to mold society to suit their own personal concepts of morality and justice.
Judicial activism has harmed virtually every aspect of public policy in America. Socialist politicians have accomplished much of their agenda in the past thirty years, not through use of such Constitutional means as the electoral process or legislation, but instead by using the federal courts. Consider this. If the electorate – We the People – are the ones to decide what should and should not be law, then what is more ludicrous than un-elected judges telling We the People – who enacted the laws – WHAT THOSE LAWS MEAN? Again, the definition of this kind of system is OLIGARCHY.
GOVERNMENT OF MEN, OR GOVERNMENT OF LAW?
“The people are the rightful masters of both congresses and courts - not to overthrow the Constitution, but to overthrow the men who pervert it.”
—Abraham Lincoln
Why then, has Congress not lived up to its responsibility to oversee these judges? The answer is simple: attorneys control Our government. Judicial activism is overshadowed by something far more insidious: The total domination of the process of government and the construction of social policy by one profession – attorneys.
THIS IS THE ANTITHESIS OF THE SEPARATION OF POWERS CONCEPT.
When judges and attorneys substitute their own view of what the law should be, instead of abiding by what is actually contained in the Constitution and statutes, we are well on our way to having a government of men, rather than a government of laws. The American people will never be able to regain the Republican form of self-government until we stop activist judges and remove attorneys from public office and the judiciary as required by the 13th Amendment, which reads:
“If any citizen of the United States shall accept, claim, receive, or retain any title of nobility or honor, or shall without the consent of Congress, accept and retain any present, pension, office, or emolument of any kind whatever, from any emperor, king, prince, or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them or either of them.”
THEY ARE NOT ABOVE THE LAW, BECAUSE WE ARE THE LAW.
