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Blame Thomas Jefferson. During the presidential administrations of George Washington and John Adams, the Supreme Court Justices weren’t much more than circuit riding judges. They went through the new United States and presided over courts. There was no lofty presence overseeing every movement of the people. Then John Adams made his famous “midnight
appointment” as he was leaving office.
William Marbury was appointed a justice of the peace for the
District of Columbia. Taking over the reigns of government, President
Jefferson refused to deliver the appointments.
Marbury sued Secretary of State James Madison. Although Jefferson was never friendly toward fellow Virginia
Chief Justice John Marshall, he carried the matter to the Supreme Court.
Justice Marshall ruled against Marbury saying he relied on a
statute that was unconstitutional, writing the Supreme Court in Article
Three of the Constitution was denied such authority implicitly. That did it.
For the first time in that 1803 case the Supreme Court took on
the authority to decide whether legislation was lawful and
constitutional or not. They
made themselves the most powerful judiciary in the world. Every since then, the courts and judges have
been “interpreting” the law. They
call it Case Law and tell us what the law says and means.
The presumption is lawmakers don’t know what they mean and
write in such wording people can’t read and understand for themselves. According to Black’s Law, a law is void for vagueness if
not written in language that the average person can understand. Now, the U.S. Constitution is a beautiful
document. It is written
with passion and logic that has endured for centuries and is an example
for other governments. It
is simple. It sets down what government can and can’t do.
With the added Bill of Rights, the intent was to protect the
people from their government. It was pretty simple to start. We had constitutional law.
The judges took onto themselves the powers of the legislature and
even of the executive branch. They
came up with case law. No
matter how simple a law was written, they interpret it to suit
themselves and, when they feel necessary, enforce it.
If one judge in Timbuktu says black is white, other judges accept
that as law. It didn’t
say that in the Constitution, but one judge decided that. Many decisions are based on contemporary social
and political concepts. The
law should not vacillate, shifting to suit needs of the day.
It should be emotionless and be exactly what a legislature
intended. A judge’s
leanings to the left or right should have no bearing on his service. And he should not let his political inclinations influence
his work. Most ridiculous court passed law is denial of
including God in our Pledge of Allegiance.
Separation of church and state in the Constitution prevented the
government from forcing a particular religion on the citizens.
It prevented the government from telling people they can’t
worship according to their faith. Everyone was guaranteed freedom to worship, or not to
worship, as they please. Remember, the Constitution is to protect the
people from their government by limiting its power.
One particular judge decided it was illegal to use God’s name.
Others said praying in public places was illegal.
Next some judge may say all American currency and coin have to be
recalled because it says on it “In God We Trust.” Jody McCloud, principal of Roane County High
School, told those at a sports game that the courts had forbidden him to
lead them in prayer. The
facility could be used for anything as long as God wasn’t included.
No one has the right to force someone to pray, and no one has the
right to force another not to pray. Some of the founding fathers of America wanted a
monarchy and royalty. Fortunately,
we became a republic. But
by self appointment our judges have allowed themselves to become above
mere mortals. No one has to
stand when the mayor or governor or even the President enters a room.
People stand voluntarily out of respect. Try sitting down when a judge enters his court room and see
what happens. The robes
they wear imply almost deity like rank. There is a saying that no man is above the law.
That applies to judges too.
They have no right to make their own Case Laws.
Their role in our system is like a referee or umpire at a
sporting event. They should
see that everyone plays by the rules, not make up the rules as they go
along. The Constitution is clear. It doesn’t require some judicial bureaucrat to rewrite it.
Case Law is unnecessary. Certainly
no one gave judges the power to take God away from the American people.
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