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Thomas Jefferson had much to say about potential tyranny from the judicial branch. He said that “the question whether the judges are invested with exclusive authority to decide on the constitutionality of a law” is answered in the Constitution itself. “Certainly there is not a word in the Constitution which has given that power to them more than to the Executive or Legislative branches,” Jefferson said.

Furthermore, Jefferson believed “to consider the judges as the ultimate arbiters of all constitutional questions is a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy.”


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I could quote multiple Founding Fathers who had similar things to say about tyranny from the judicial branch. But I specifically quoted Hamilton and Jefferson, who were often at odds, to demonstrate how widespread the opposition to judicial supremacy was from the men who pledged their “lives, fortunes, and sacred honors” to give us American Exceptionalism.

To our founders, an independent judiciary did not mean independent of the will of the people, as today’s statists attest. It meant independent of the potential despotism of the other branches. They had just rebelled against a monarchy in England that controlled the judiciary and used it to impose its own twisted view of justice, which is what the Left has been doing to our liberty for decades now.

In fact, there is not a single gain the Left has made in this past generation that wasn’t either aided and abetted by the judiciary, or unilaterally imposed by the judiciary. Here are just a few examples:

  • State-sanctioned child-killing (Roe v. Wade)
  • Private property rights attacked (Kelo v. New London)
  • Obamacare mandate/tax upheld (NFIB v. Sebelius)
  • Illegal aliens entitled to taxpayer-funded benefits (Plyler v. Doe)
  • Redefining marriage (Lawrence v. Texas)
  • Opening the floodgates against religious liberty and free speech (U.S. v. Windsor)

Plus, in two recent opinions (D.C. v. Heller and McDonald v. Chicago), only a scant 5-4 majority on the U.S. Supreme Court still found the Second Amendment to the Constitution constitutional. Imagine if the vote in those landmark cases had been 5-4 the other way? Does that mean we all just turn in our guns? Are we not even going to stand up to these black-robed bullies when they outright disregard the Constitution?


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Our rights come from God, not government. Therefore, what government has not given, it cannot take away regardless of the words of mere mortals. Our Founding Fathers did not fight a revolution so that we would be ruled by laws made by people we did not elect. But that’s exactly the anti-American scheme we have allowed the Left to use against us for a generation. We have “evolved” beyond judicial review to judicial overview, with all laws passed by our elected officials not official until they’ve been given the Betty Crocker seal of approval from unelected judges.

That is tyranny.

I don’t care how high someone scores on your favorite conservative group’s scorecard on the issues; if they aren’t prepared to echo the words of Huckabee, they are going to have a very hard time advancing liberty. The Left has their pagan judges at the ready to nullify any serious attempt we make at either the federal or state level to roll back their attacks against our freedom. It is impossible to restore our constitutional republic without first restoring the constitutional system of checks and balances–and the separation of powers.

We need an articulate champion to make this case to the American people, and a national election in 2016 is the perfect platform for it. Perhaps Huckabee is that champion? I hope he’s not alone. Many of those who will vote in the 2016 Iowa Caucuses also voted in 2010 to oust three (now former) state Supreme Court justices who thought they were above the will of the people. These voters are looking for bold fighters, and this is a fight that separates the men from the boys.

 

Learn more about your Constitution with Steve Deace and the Institute on the Constitution and receive your free gift.

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The views expressed in this opinion article are solely those of their author and are not necessarily either shared or endorsed by WesternJournalism.com.


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