While in the vast majority of their constitutionally related writings the Founding Fathers were explicit that the judicial branch of government is effectively the weakest of the three, such is not the case with today’s modern misapplication. Americans currently live under what is, for all intents and purposes, a counter-constitutional judiciocracy led by nine unelected, black-robed autocrats.
Over many decades, the other two branches of government, the legislative and the executive, have, for some inexplicable reason, acquiesced to the notion of judicial supremacy – a dangerously dominant concept that erroneously regards the United States Supreme Court as the final arbiter of all things public policy. If this is so, then these nine men and women are ultimately unaccountable to anyone or anything, and the other two branches of government are but toothless figurehead bodies merely spinning their wheels while spending our dollars.
This flies in the face of the framers’ intent. It’s also the very unfortunate reality under which we live. It is fully within the constitutional authority of the other two branches of government to rein in these judges gone wild, but, regrettably, no one, as of yet, seems to have the mettle to do what needs to be done.
Article III, Section 2, of the U.S. Constitution gives Congress the authority to “check” judicial activism, up to and including when justices illegitimately legislate from the highest bench in the land: “[T]he Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.”
That’s huge. Unfortunately, to date, Congress has been either unwilling or unable to enact such regulations.
And so, when at least five of these nine justices speak, people listen. When they say, “Let it be,” so it is.
That’s why every so often a Supreme Court decision will come along that, for better or for worse, literally shakes our nation to its core. These opinions can have lasting implications that will affect public policy for decades, even centuries, to come.
Frequently, it seems, these justices, each a fallible human being, go desperately awry, ignoring history, case precedent and the very Constitution they’re sworn to uphold. A few examples include the court’s infamous Dred Scott slavery decision, itsRoe v. Wade infanticide decision and its most recent Windsor mock-marriage decision.
Matt Barber is founder and editor-in chief of BarbWire.com. He is an author, columnist, cultural analyst and an attorney concentrating in constitutional law. Having retired as an undefeated heavyweight professional boxer, Matt has taken his fight from the ring to the culture war. (Follow Matt on Twitter: @jmattbarber).