Unlimited judiciary powers are not the law of the land

Paul Weyrich makes an interesting and a strong point in this article. The courts do not have the power to make law or to enforce law. They are advisory and just decide their opinion of laws. The legislative branch of government does not have to take their advice to make laws that the people that they represent do not want. The Executive branch of government likewise does not have to enforce laws it does not agree with. If these branches do not abide by judiciary decisions they have only the people to answer to. Otherwise, those in the judiciary make the law of the land and all government is then ruled by judges. We then no longer have a constitutional republic.

Having said that, do legislators and government executives have the guts to say we are not going to abide by demented rulings of federal judges? Since we know that they are all cowed our representative form of government is as good as dead. So, welcome to the government of the Judges, by the Judges and for the lawyers and judiciary tyrants.

However, also be aware that “we the people” can restore the checks and balances established in the Constitution whenever we want. How we achieved that is really up to the people.

NBU: History and the Judiciary by Paul M. Weyrich , 7/11/08

The grand formalities of American election rituals hide a glaring fact: Americans can no longer claim that we are our own rulers in every circumstance in which we are empowered to be. Regardless of our votes, the defining judgments in our collective and personal destinies often are made by persons whom the American people have not elected to rule.

We gave judges their robes and gavels so that they might resolve specific disputes between specific plaintiffs and defendants. We never gave them authority to issue commands to our elected lawmakers, forcing us down roads which we have not chosen to travel. Judges have no constitutional authority to make laws or to amend our national and state constitutions. They have no authority to redefine words and concepts in our laws to mean what they and their ideological partisans wish for them to mean.

Not a single signer of the Constitution (or of the Declaration of Independence) would have taken seriously the purportedly “conservative” view today that to restrain judges we need to replace them through attrition over decades. That view, in my opinion, guarantees a victory of the far left because it implies that the judicial branch is the final authority on the law.

For the sake of this republic I urge my friends, fellow leaders and Americans emphatically to repudiate the devastating myth that judges have the power to make and redefine our laws. We should do so rapidly and forcefully before our republic is replaced by the irresistible tyranny of men and women who believe that nihilist elites should make the rules and pass them to judges for formal announcement when the time is ripe for the latest step into the post-rule of law, post-moral abyss. Otherwise our “conservatism” will continue to be merely the rearguard for subtle left-wing revolution.

The tragedy of how we have reached this point: in our desire for social acceptance and respectability among the anti-constitutional, anti-rule of law, anti-Christian, anti-family nihilist left, “conservative” elites have abandoned the core principles of our Constitution.

To consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. …The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots.

Alexander Hamilton was perhaps the strongest advocate of “judicial review” – the right of judges to opine on our Constitution. But an opinion on the meaning of the Constitution is merely an advisory opinion to the legislative and executive branches of government. Not even Hamilton imagined that the right to opine is a power to rule. Courts, he pointed out, intentionally have been given no means of enforcing their opinions, noting that the executive and legislative branches are not compelled to obey false or dubious opinions.

…If the policy of the government, upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties, in personal actions, the people will have ceased, to be their own rulers, having, to that extent, practically resigned their government, into the hands of that eminent tribunal.

In the last century cultural elites created an illusion of judicial power that would be unrecognizable to earlier Americans, lawyers and laymen. After the American Revolution, the framers of the Constitution rejected any judicial authority over the other branches of government.

Many of those with whom I have worked for years unwittingly are aiding the far left in the destruction of America. It is time for our presidents, governors, legislatures and prominent citizens to call the bluff of impotent judges as Jefferson did and to ask them, as President Andrew Jackson did, how they will enforce their impotent opinions. The myth of judicial supremacy cannot justify governors violating state and federal constitutions, their oaths of office and the sovereignty of the American people. Look at the way so-called gay marriage has been imposed by judicial fiat, running ruthlessly over elected legislatures and the will of the people.