THE SUPREME COURT
- unusvocate
- Feb 9, 2022
- 6 min read
THEIR CLAIM TO POWER
By its (assumed) power to decide if a law is constitutional
or not (a power that is not granted in the Constitution and
is itself unconstitutional), the U.S. Supreme Court has
taken it upon itself, the authority to rule on the highest and
most important issues of our Country.
When the High Court makes its rulings, its decisions are
based more upon the "Feelings" of the Justices than on
any guidelines in the U.S. Constitution. The Supreme
Court is quite simply making up new laws to suit its own
Philosophical Orientation. After the Supreme Court has
made its ruling, there is no appeal to its decision.
Nine Justices have taken it upon themselves to be the
highest legislative and moral authority in our Country and
we have no say in the matter. That is not a Democracy, but
it is instead -- a Dictatorship. We need a Constitutional
Amendment to limit the power of the Supreme Court and
to return the legislative authority of our Country back to
our, duly elected, Representatives in Congress.
JUDICIAL RESTRAIN
What can we do when the highest authority in our Country
has issued an illegal ruling?
The Supreme Court has assumed the power of Judicial
Supremacy and the right to declare our Laws, and our
Traditions, to be unconstitutional . There is no such
authority given to the Supreme Court by the Constitution.
All of these rulings are illegal and represent an attempt, by
the Supreme Court, to take onto itself the Legislative Powers
of the United States Congress.
The Supreme Court has assumed the power to rule by
decree; to re-interpret our written laws to create de-facto
new laws, and to overturn long standing traditions, so as
to develop new morals and social values. This power was
first expressed by Chief Justice John Marshall in the case
of Marbury versus Madison (1803) when he declared "it is
emphatically the province and the duly of the judicial
department to say what the law is." President Thomas
Jefferson was appalled by this decision and he argued
that Marshall's opinion had elevated the Court to a
position of independence and superiority over the other
branches of our government.
Since that time there have been many other cases where
the High Court has asserted the right of Judicial
Supremacy over our Society. While such decisions may be
pleasing to some... this is not a government of democratic
process, it is a government by decree. The Supreme Court
orders us to comply with its decisions and we have no
choice -- other than to submit. All of the carefully worked
out checks and balances of the Federal Government have
been pushed aside and our whole political system comes
down to the decisions made by just a few Judges.
This is not a Democracy, it is a Tyranny by the High Court.
The Supreme Court is not the highest authority in the land
-- We the People are.
No branch of the government has the right to assume
expanded powers onto itself and no branch of the
government has the right to rule without the consent of
the governed.
On behalf of all those who want the Courts to be restored
to their proper place in our Society and who would re-
establish a government of carefully specified legislative
procedures, we need to consider a Constitutional
Amendment. We need a Constitutional Amendment to
restrict the power of the Courts. Such an Amendment
could read as follows;
Preamble
In order to return to a Constitutional form of Government
and to make the Federal Judiciary accountable to the
Peoples democratically elected Representatives, the
following changes to the United States Constitution are
now proposed.
Judicial Restrain
Section 1. All Federal Justices shall be nominated by (a
simple majority of) the United States House of
Representatives and confirmed by (a simple majority of)
the United States Senate.
Section 2. The number of Justices on the Supreme Court
is determined to be Nine (9).
Section 3. Time in Office for the Supreme Court Justices
shall be limited to a single term of Ten (10) years, during
Good Behavior. Those Justices now on the Bench who
have served longer than ten years are required to be
replaced by newly appointed Judges.
Section 4. (1) During their time in Office, all Federal
Justices are subject to have their conduct reviewed,
and if need be, censured by (a simple majority of) the
United States Senate. (2) Justices, who have been cen-
sured by the Senate, may be removed from Office. Such
a termination of duly must be proposed by (a simple
majority of) the House of Representatives and must be
confirmed by (a 2/3 majority of) the Senate.
Section 5. All decisions of the Federal Courts are subject
to be reviewed, amended and/or overturned by the United
States Congress. Such Judicial Review must be originated
by (a simple majority of) the House of Representatives and
must be confirmed by (a 2/3 majority of) the Senate.
Finis
Let the Will of the People prevail.
A Constitutional Amendment such as this would not
prevent the Federal Judiciary from performing its proper
duty under our duly established laws. However it would go
a long way towards preventing abuses of judicial power as
has been demonstrated in the past and as is typified by
the infamous judgement of Roe versus Wade.
The choice is clear, we may continue on with our system
of government as it is, and face further shocks to our
Society as the Supreme Court "makes up laws" as it goes
along, or we can take things into our own hands, pass a
Constitutional Amendment to limit the power of the Courts
and return our Country's legislative authority to the
Congress.
Some things are worth fighting for-
To change the United States Constitution is not easy; we
would have to contact our Representatives in the U.S.
Congress, and in our various State Governments; to tell
them we want this done. And we would have to make our
feelings clear -- by our votes and by the election of people
who will support this Amendment -- this is what We the
People want.
It would not come easy but, in order to protect everything
we hold dear; our children, our families, our way of life,
and our democratic form of government; we need to enact
this Amendment.
Trusting in Divine Providence for guidance, let us pray for
the strength necessary to accomplish the difficult task of
changing our Constitution. And in this way, as we return
our Federal Government to its originally conceived of
legislative checks and balances, we might find a way to
limit the abuses of the Supreme Court.
STATES RIGHTS
The Supreme Court has decided that abortion shall be
legal. By its ruling in Roe versus Wade, the High Court has
violated the United States Constitution and unleashed a
very controversial medical procedure upon our Community.
We may not agree with that decision but still ... it is the Law
of the Land and, until such time as that ruling is changed,
we are forced to live with legalized abortion.
There is a chance that Roe versus Wade might be over
turned by the Court itself, but there are also some other,
fundamental, legal challenges we might use, to try an
correct that flawed decision. Let us consider our
Constitutional remedies ...
-- States Rights. The tenth Amendment states;
"The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved
to the States respectively, or to the people."
Since the right to regulate abortion is not delegated to the
Federal Government by the Constitution ... it must be a
Right retained by the States.
-- Article 1, Section 1 of the U.S. Constitution is another
reason to question the Supreme Courts right to originate
laws governing abortion. It states;
"All legislative Powers herein granted shall be vested in a
Congress of the United States, which shall consist of a
Senate and House of Representatives."
There is no mention of the Supreme Court in this Article --
And no mention of the Courts authority to create new laws --
Since there is no legal basis for the Courts creation of law;
and since the U.S. Congress has not passed a law
legalizing abortion; the Supreme Court's ruling in Roe
versus Wade must be considered to be illegal and hence
-- null and void.
The Supreme Court has over stepped the boundaries of
its authority and assumed vast powers onto itself. It is in
violation of our Constitution and it needs to be brought
under the control of a responsible legal restrain. Our
Country is not supposed to be ruled by just a few Judges
who sit in the isolation of their exalted Court Rooms. It
was meant to be led by a group of Independent States
which are united to serve the Best Interests of the People.
It is time to review our Constitutional Guidelines and return
the Power of our Government back to its rightful place
-- back to the States.
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