The Judicial Activist Coup D'Etat – Commentary by Steve Scroggins
There are two links below; one is to a Phyllis Schlafly column and the other a Joseph Sobran column.
Both these columns point out that "judicial activists," that is, judges who do more legislating than interpreting, are in fact
the greatest threat to our traditional American liberties.
Presidents since Lincoln have trampled the Constitution in collusion with Congress which has passed numerous laws and created numerous programs and agencies that clearly are unconstitutional. But at least these Presidents
and Congressmen are held accountable to the people on regular intervals and American citizens, therefore, have at least the opportunity to influence their decisions.
Sobran writes, "Judicial review was originally proposed (most notably in Federalist No. 78) as a method of making sure legislatures didn’t pass unconstitutional laws. Today it has become a method of changing the very meaning of constitutions under the guise of interpreting them."
The role and regulation of the judicial branch has been a point of conflict since our country's founding. Thomas Jefferson was a vocal opponent of judicial review and to "life" appointments of any government officer. In an 1819 letter to Judge Spencer Roane, Jefferson wrote, "The constitution, on this hypothesis, is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please."
In 1821, Jefferson wrote to Judge Roane again, "The great object of my fear is the Federal Judiciary. That body, like gravity, ever acting with noiseless foot and unalarming
advance, gaining ground step by step and holding what it gains, is engulfing insidiously the special governments into the jaws of
that which feeds them."
Unfortunately, Jefferson's wisdom was ignored then and the Jeffersonian view of government decentralization was defeated by the force of Lincoln's armies, and the march to centralized empire has proceeded ever since.
Schlafly emphasizes the judicial activist problem in the context of the more recent court attacks on the institution or marriage, the Ten Commandments and religious heritage in general. Sobran, as usual, gives us a thoughtful look at the historical context of
"judicial review" and points to Abraham Lincoln as the start of the problem. Lincoln abused his powers as President and crushed the rights of the States. The Federal courts began to abuse their powers more visibly soon thereafter.
Sobran suggests that the Brown v. Board of Education decision in 1954 was a general call for impeachment. Once again, the South rose in general protest
because once again, the power of the federal government was aimed at imposing its will on the States. Once again, the issue of States Rights was thrown on the trash heap and equated to racism. No one in the 21st century is going to argue that segregation was just or that racism didn't exist. The questionable validity of the 14th Amendment aside,
the point remains that the States should do the domestic governing and the federal government should not meddle in it.
It was a big deal in the 1950s. Despite the general feeling of reconciliation and unity following the American victory in World War II, the Southern states had resumed a place of power within the federal republic. Americans were generally conservative and leftist ideologies were generally taking a low profile in light of the
"Communist menace." Nevertheless, the federal judiciary flexed its muscle in the 1950s and 1960s to impose more "Reconstruction" on the South.
Roe v. Wade was another federal assault on the states (1972) in that it struck down the abortion laws in all fifty states. Whether you call it "murder" or "choice," it's clearly an
issue each state should decide for itself and its people.
The core of the problem is that judicial activists give us what Judge Robert H. Bork calls "politics disguised as law." Socialists, liberals and all manner of big government social planners rejoice in their power exercised via the federal judiciary. They cannot convince voters or elected representatives with logic, but they can still get their
way by having the courts implement their policies. It provides convenient "cover" for those legislators who support bigger government but who know that openly voting for bigger government would end their political careers.
Georgia Heritage Council sees that many of the problems with our current public education system and the general attacks on our American Heritage all stem from judicial activism. Although "conservative" politicians pay lip service to returning control of schools to local governments, they keep passing new laws and mandates to ensure that all public schools follow the empire's dictates.
In addition to schools,
states are given all manner of federal mandates. If the states don't comply, they are clubbed with court orders and withheld federal funding. Follow the money. Our money, taken by force, is used as both a carrot and a stick to ensure our compliance with the empire's decrees.
Our U.S. Constitution and the Georgia Constitution provide a means to counter the judiciary's "coup d'etat" and restore some sanity to our government.
I'm talking about impeachment.
Schalfly writes, "Bush called on Americans to defend the sanctity of marriage against activist judges who force 'their arbitrary will' by court order 'without regard for the will of the people and their elected representatives.' It is clear that it is not enough to press forward with the task of confirming nominees who will respect the Constitution; we must also deal with the problem of activist judges who continue their mischief under the shield of life tenure."
While I agree that Americans should do something about it, Schlafly and President Bush suggest that we, the American people can take direct action. Just talking about it is not enough. We have to do something. I refer them to our Constitution.
The U.S. Constitution empowers
the Congress with the impeachment power and our Georgia Constitution authorizes the General Assembly. Since these legislative bodies have been a part of the problem as willing conspirators, they're not anxious to get the impeachment ball rolling.
That's where the People come in. We, the People, need a grass-roots movement to overthrow our judicial despots. We must demand that our representatives and Senators
take action when judges misrule. Rulings that lack the support of the Constitution or which invoke the precedence of foreign or international courts should be summarily rejected and their authors should be immediately impeached.
Executives must be a part of the solution, too. When judges issue ridiculous rulings which have no support in the Constitution, the President and the State Governors have a duty to refuse to enforce such laws. They take oaths to preserve, protect and defend the Constitution. It's high time they took these oaths seriously.
Again, this is where we, the People, come in. We must persuade our elected executives that we insist on returning to the rule of law in America. The Constitution means what it says, but it has value only if we insist that it be followed to the letter.
Of course, we would count on reciprocity. Honorable judges would be inspired and would hopefully strike down legislation that's not authorized by the Constitution. A wide variety of legislation and spending on unconstitutional activities and unconstitutional executive orders should then come under closer scrutiny.
We could easily balance both our federal and state budgets if we limited spending to constitutionally authorized activities. When those bellied up at the government trough realize the gravy train has ended, there would no doubt be a lot of squealing and grunting. I only hope that I live to see it.
Checks and balances. It could be a beautiful thing.
Let's restore our government to the limited constitutional republic our forefathers struggled to bequeath us. Our descendents deserve nothing less.
President Bush finally speaks out against activist judges - Phyllis Schlafly
Brown Reconsidered - Joseph Sobran
Steve Scroggins
is Commander of the Lt. James T. Woodward Camp 1399, Sons of Confederate
Veterans, in Warner Robins, GA and a frequent GHC contributor of parody
and political cartoons and graphics.