Picture Jafar when he turned into a Genie in Aladdin. The world’s most “all powerful genie”. Got it? Okay. That’s become the SCOTUS. We live in an era of waiting for a single day each June when the Supreme Court declares to us what our communities shall become and how culture will be shaped. That’s not what our Founders intended. Schoolhouse rock that junk, yo!
The founders gave us a system of three separate but co-equal branches of government. That means the President doesn’t get to write executive orders, and it means the Supreme Court doesn’t get to determine our national morality.
The Supreme Court was intended to be a check and balance to the Executive and Legislative branches, as the Executive and Legislative are to be a check to the Judicial. None of the three branches is to hold a position of power which is higher than the others. Got it? Okay.
Now hold your nose, because here comes the cold water. Today, that is exactly what SCOTUS is doing. Rather than return the Affordable Care Act to Congress for corrections, they swept in to do Congress’ job for them. Rather than allow states to determine their own laws on marriage (as they do with divorce, custody, legal fault etc.), they’ve swept in to do the job in place of “we the people.”
What would the Founders say about what the Supreme Court’s become? They’d call it overruling. They’d say Americans cannot long be free with such a centralized power dictating our laws. They’d call it tyranny. They’d call SCOTUS a despotic branch of government. As a matter of fact… they did.
Unshackled by the burdens of modern political correctness, we now punt to some of the greatest men and minds in our nation’s history, providing their most relevant quotes as pertaining to the overreach we now see from the Supreme Court:
“The powers properly belonging to one of the departments ought not to be directly and completely administered by either of the other departments. It is equally evident, that none of them ought to possess, directly or indirectly, an overruling influence over the others, in the administration of their respective powers. It will not be denied, that power is of an encroaching nature, and that it ought to be effectually restrained from passing the limits assigned to it.” – James Madison
“A question arises whether all the powers of government, legislative, executive, and judicial, shall be left in this body? I think a people cannot be long free, nor ever happy, whose government is in one Assembly.” – John Adams
“The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.” – James Madison
“[N]othing in the Constitution has given [the judiciary] a right to decide for the Executive, more than to the executive to decide for them. Both magistracies are equally independent in the sphere of action assigned to them… the opinion which gives to the judges the right to decide what laws are constitutional, and what are not, not only for themselves in their own sphere of action, but for the Legislature & Executive also, in their spheres, would make the judiciary a despotic branch.“- Thomas Jefferson
“[A] limited Constitution … can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing … To deny this would be to affirm … that men acting by virtue of powers may do not only what their powers do not authorize, but what they forbid.” – Alexander Hamilton
Holy crap. I’m sensing some major micro-aggression coming on…
Since they are deceased, send your official grievances to @SCrowder on twitter.