The above-titled and below-excerpted article by By P. H. Guthrie touches on what way too Americans understand due to conservative’s failure in the information war. For much more on the topic, visit this page: Judicial Supremacy: Not in the U.S. Constitution, Not the Intention of the Founding Fathers.
Here is P.H. Guthrie:
Rather than accepting the Supreme Court’s usurpations as ‘law of the land,’ Republicans should restore the court’s coequal status with Congress and the presidency.
The Supreme Court, which has just begun its new term, is one liberal away from jettisoning democracy and enacting legislative policy via judicial fiat. Rather than accepting these usurpations as the “law of the land,” Republicans should reject automatic respect and obedience for the judiciary, and restore the court’s coequal status with Congress and the presidency.
The functions of the judiciary are constitutionally vague. The Constitution’s Article III contains only 377 words, versus roughly 1,000 for the executive and 2200 for the legislative. The Supreme Court was left to define itself, which it did in Marbury v. Madison, establishing judicial review. The early court followed Alexander Hamilton’s charge that its duty “must be to declare all acts contrary to the manifest tenor of the Constitution void.” The court continued to evolve, however, eventually metastasizing into its present lawlessness.
Despite whether one supports the policy shifts of Supreme Court decisions, the court was never meant to be a vanguard of social or political change. The drafters of the Constitution knew the judiciary “may substitute their own pleasure to the constitutional intentions of the legislature,” but they took for granted that Congress and the president could simply ignore it:
The judiciary . . . may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments. –Alexander Hamilton, Federalist No. 78
Read more: The Federalist
Image credit: Shutterstock.