Opinion: Government by Judicial Fiat

As the Framers knew, unless judges are bound by the text of the Constitution, we will, in fact, no longer have a government of laws, but of men and women who are judges. And if that happens, the words of the documents that we think govern us will be just masks for the personal and capricious rule of a small elite.” – President Ronald Reagan, February 18, 1988

In the last two years, the erosion of our Constitutional rights have gone from a slow slide to an avalanche. Prior to the COVID panic, our First Amendment right to free expression was being pared away by social media with the tacit agreement of the mainstream media and left wing politicians. If one put something on social media that didn’t fit their agenda, their “truth checkers” would deny its veracity and that person would be put in Facebook “jail” or Twitter suspension.

Since this pandemic, Freedom of Religion was lost when the government closed down our churches. Freedom of Assembly was restricted, (unless you were a “mostly peaceful” rioter), with social distancing and numerical group restrictions. Now many in the government want to cut back our right to move freely around the country by requiring vaccine passports. This appears to be a violation of our Fourth Amendment right to “be secure” in our persons, houses, papers and effects since it requires us to disclose some of our medical history.

Since the January 6, 2021, the mini riot that a hyperbolic press and leftist politicians called an insurrection, our rights have been further abridged. Those American citizens who were arrested for their activities that day, have suffered the loss of their Sixth Amendment right to a “speedy and public” trial and their Eighth Amendment right to bail. All of these very serious infringements of our God given rights need to be addressed. The attack on our rights didn’t start with the Executive or Legislative branches, however. We elect the members of those branches and an educated electorate can throw those rascals out of office. Federal judges and justices are appointed for life and can’t be “unelected”, only impeached.

Whenever the Supreme Court, or lesser appellate courts, overrule laws that elected officials have passed and enacted, our voting rights have been diminished. When they create “rights” out of the “penumbra” of the Constitution, like the Supreme Court did in Roe v. Wade, the courts have not only trespassed on the executive and legislative branches of government, they have violated the Tenth Amendment of the Constitution. It is the prerogative of the states to make laws as to what activities are illegal in each of their states. Nowhere in the Constitution does it mention the “penumbra”. That is why they wrote the Tenth Amendment.

There is a legal and Constitutional fallacy that the Supreme Court is the ultimate and final supreme authority on what laws, both state and federal, are Constitutional. It is a fallacy because it is nowhere written in the Constitution itself. Although it has rarely been challenged, it should have been. The executive and legislative branches of our government have essentially ceded their powers to the judicial branch. That was certainly not the intention of the Framers of our Freedom Blueprint, the US Constitution. The Founders expected the Executive and Legislative branches of government to reject a Judicial branch that overstepped their Constitutional authority.

If they don’t finally address the Judicial branch’s tyrannical grab of power, we will, like President Reagan warned, be ruled by an oligarch of elite judges.

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