Below is my letter published in the WSJ today that responded to a letter they published last week that (erroneously) portrayed former Chief Justice John Marshall as anything but an activist – of course Marshall was the first activist judge.
Justice John Marshall As an Activist Judge
In response to Jerrold E. Fink's letter of Oct. 28 about Chief Justice John Marshall's (implied) nonpolitical history, please be reminded that Mr. Marshall was as political as anyone at the time of the founding. He served as John Adams's secretary of state and, as such, was scared to death politically of Adams's chief foe, Thomas Jefferson, who defeated Adams in the election of 1800. Marshall tried to stake out what territory he had left after being appointed chief justice shortly before the end of Adams's term.
Very early on Marshall started the precedent of activist judges who have plagued America ever since. Weak-kneed legislators and presidents have abrogated their duties and let the courts run wild.
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Earlier in the week I was honored that the Letters Editor of the WSJ actually contacted me to go over my letter as well as the following points:1. The Supreme Court is supreme only over the Judicial Branch. The other two branches are their equal and if anything the elected branches are higher in times of tension between the branches. See link below for a vivid example of this.
2. The decision in Marbury v. Madison (1803) established (under John Marshall) the Supreme Court's self-declared claim to judicial review (i.e., the ability & duty to determine whether or not the actions of the other two branches were constitutional) that entrenched the Supreme Court to this day as the lead branch of government. Judicial review by the Supreme Court is itself unconstitutional & is allowed only by the weakness of the other two branches – e.g., the Supreme Court alone will determine whether or not ObamaCare is constitutional. Ever ask yourself if this is right? Did the Founders envision something like nine unelected judges overruling 537 elected officials?
3. The President & every Member of Congress take an oath to support the Constitution – if they did not follow this oath immediately upon taking office just imagine the mischief that would take place waiting for the Supreme Court to hear a case in their own good time. Again think of the ObamaCare example where so much of its infrastructure is moving into place thereby making it that much harder to repeal.
During the week I also received (from two members) this link of Newt Gingrich speaking in November 2009 on the subject of reining in activist judges>. The former Speaker goes over many of these same points in an excellent presentation.
Eliminating the false supremacy of the Judicial Branch over the other two elected branches is just another mindset change that needs to be made in our country. This is why I wrote the above letter in the first place.
This is by far the most enlightening blog yet. You make it very clear that the judicial system has high jacked the role of the Congress and instead of supporting the law , has become the Law.
ReplyDeleteThe speech that Gingrich gave was awe inspiring. How telling that it has not been picked up by the media. He makes a lot of good points with his message.
Great letter, Doug....congratulations....and the points that you list certainly suggest the need for checks and balances in our government.
ReplyDeleteI have to hand it to you. You research your subject matter so intently. What you should try doing, is "run" for office and turn your thoughts, via laws & amendments for the good of the country. Best Wishes.
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