Friday, June 06, 2025

About the Courts and Their God-Complex

 Some nice research from RedState here.

A bunch of Fed judges have decided that they are the gods, and everyone else be damned.

That's not the way Jefferson saw the US Constitution.

 

...It may interest you to know that this was exactly the danger that President Thomas Jefferson foresaw when the Supreme Court chose to seize this power to judge the constitutionality of laws/actions by the president in Marbury v. Madison.  He wrote: 

The question whether the judges are invested with exclusive authority to decide on the constitutionality of a law has been heretofore a subject of consideration with me in the exercise of official duties. Certainly there is not a word in the Constitution which has given that power to them more than to the Executive or Legislative branches. —Thomas Jefferson to W. H. Torrance, 1815. ME 14:303

And:

But the Chief Justice says, 'There must be an ultimate arbiter somewhere.' True, there must; but does that prove it is either party? The ultimate arbiter is the people of the Union, assembled by their deputies in convention, at the call of Congress or of two-thirds of the States. Let them decide to which they mean to give an authority claimed by two of their organs. And it has been the peculiar wisdom and felicity of our Constitution, to have provided this peaceable appeal, where that of other nations is at once to force. —Thomas Jefferson to William Johnson, 1823. ME 15:451...

One could easily make the case that the '24 elections voiced 'the people' with their selection of Trump and a Republican congress.  Don't look for that in any of the usual organs of the State (i.e., the NYTimes, WaPo, or NBC/CBS/ABC/NPR...)

Here's the reality-check from Jefferson: 

... 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. Our judges are as honest as other men and not more so. They have with others the same passions for party, for power, and the privilege of their corps. Their maxim is boni judicis est ampliare jurisdictionem [good justice is broad jurisdiction], and their power the more dangerous as they are in office for life and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves. —Thomas Jefferson to William C. Jarvis, 1820. ME 15:277...

Just so.

Trump may eventually go full-Jackson and tell the courts to put it where the Sun never shines.  Many judges will be unpleasantly surprised at the support Trump gets for that.

Too bad.  FAFO, as they say. 

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