Putting the judiciary in its place


Jan. 22, 1973 (Roe vs Wade), was a glaring act of social engineering by a judiciary determined not to be constrained by the Constitution.

“We the people” are the first three words of the Constitution, but since the 1940s, American government has been dominated by, “We the judges.” Sanctity of human life, Bible reading and prayer in public schools, the display of the Ten Commandments, Christmas nativities, same-sex marriage, and a host of additional social, religious, and moral issues have been decided, not by “We the people,” but by “We the judges.”

Throughout the 20th century, the judiciary has accrued powers for itself that America’s founding fathers never intended.

The Declaration of Independence listed four abuses (complaints 8, 9, 15, and 18) that were associated with the King’s courts and judges. In the Constitution, the founding fathers corrected those abuses.

Despite the fact America’s founding fathers did not intend that there be three equal branches of government, the judiciary has demanded not only a place of equality but a place of supremacy, and the legislative and executive branches have bowed to that demand.

The Federalist Papers, written by Alexander Hamilton, James Madison, and America’s first chief justice, John Jay, were a means used to persuade fledgling America to vote in favor of the Constitution.

What is significant is that the most important work used in support of the ratification of the Constitution did not give the judiciary or the courts equal standing with the other branches of government. They recognized that King George’s judges had abused their power, and the judiciary was the easiest means for a judge or the judicial branch to accrue power for itself.

It was universally understood by the founding fathers that the judiciary should always occupy a lesser role than the legislative and executive branches. A survey of the Constitution itself clearly demonstrates that “We the people” or legislative branch was to exercise most of the duties of government. After the legislative branch, the executive branch bears lesser authority, and the branch given the least amount of authority by the Constitution is the judiciary.

For this reason, the founding fathers gave the judiciary no place of prominence. The legislative and executive branches were given buildings to exercise their responsibilities, but the Supreme Court had no home until 1935. Prior to this, the court bounced around in the Capitol, finding a place to hear cases wherever space was available. In addition, the Constitution made the judiciary toothless — giving it no power to act on its own.

The founders did not believe the judiciary had Constitutional authority to nullify the work of the legislative or executive branches—something far different from the current deference rendered to the courts. In the case of Marbury vs. Madison (1803), Jefferson nullified the decision of Chief Justice John Marshall and the Supreme Court. And, Republican Abraham Lincoln rejected the decision of the Democratic-controlled Supreme Court in Dred Scott vs. Sandford (1857). These are only two instances among others when the judiciary was put in its place.

From abortion to same-sex marriage and well beyond, the judiciary has been permitted to terrorize America’s morality and national life. America desperately needs legislators, governors, and presidents who will put the judiciary in its place. Give us men and women who have the courage of Jefferson, Lincoln and others who have reminded the judiciary of its subordinate constitutional role.

Stephen A Flick, PhD

Executive Director

Christian Heritage Fellowship, Inc.