Monday, July 11, 2005

The Supreme Court's Power

The kind of government that is strong enough to give you everything you need is also strong enough to take away everything that you have.

President Ronald Reagan
1911—2004

How did the Judicial Branch become the end all be all of the American Government?

It is clear that Judges now think they are not responsible to either of the other two branches of our government; this was clearly exemplified in the Terri Shivo debacle, when a judge ignored the congressional subpoena. It was a message to congress that they can not interfere in matters that the courts. Right or wrong on that issue, it doesn’t matter, what does matter is that the court ignored congress, telling them that they do not have the power to correct the courts.

How did this situation come to be? It has been a slow process that started when the courts started finding meanings in the constitution that were not there. This can be traced all the way back to Mayberry v. Madison, when the court first asserted authority and established Judicial Review. Many important and helpful decisions have come out of the court system over the years, such as the federal banking system. Decisions like that were able to find basis in the constitution, how ever, some decisions were found that there is absolutely no basis for.



There are a lot of misconceptions about the Constitution the following is a partial list of items not mentioned in the constitution:

Judicial Review
Separation of Church and State
The Right to Travel
Right to Privacy
Innocent until proven guilty
Jury of Peers
The Right to Vote

These things are not bad things, and most are addressed in amendments, however it is a stretch to say that some of these things mean what the Supreme Court has said that they do.

President Reagan once said:
The kind of government that is strong enough to give you everything you need is also strong enough to take away everything that you have.

Who knew it would only be a matter of years?

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