As printed in the newspaper column: A Voice In The Mountains, By Alan D. Turner
THE SUPREME LAWMAKERS
As in the previous article titled The Power of The Gavel, this article is a discussion on how our Judicial Branch have been given way too much power on what is and what is not legally allowed in our nation; and how this power has been abused, and is still being abused.
Those who are judges (lawyers) do not see things as being morally right or morally wrong. What is always good versus what is always evil? They see everything within the realm of is it “legally allowed, or not”. Is it permissible within the written law, or prohibited?
There are judges in our Judicial Branch who are blatantly biased to their Political Party’s Ideology: Who will read into the written law what is not actually there – to come up with a “legal opinion” that sanctions what the law never intended to sanction, and prohibit that which it clearly allows.
It is by way of such blatantly biased judges on our Supreme Court (which is the highest court of our Judicial Branch), and those other supreme judges who (for whatever reason) voted likewise, that the Democratic Party was able to legalize abortion and make sexual perversion a legally acceptable behavior here in America.
By just one mere court decision by these supreme judges they nullified any laws that prohibited these abominable sins for more than 200 years; which laws were passed by Congress and signed by the President. Over and over again, our judges (in both our higher Federal Courts and lower State Courts) have continued to nullify any legislative attempt by our State Legislators and Governors to reverse these horrific decisions.
In doing so, these judges have nullified the very will of “The People”, who voted for those in Congress and the Presidency, and those in State Government to be their legal voice; not these judges.
As stated at the closing of last week’s article: By “the power of the gavel”, our Supreme Court quintessentially are our Supreme Lawmakers.
In my research of how did our Supreme Court get such power; I could not determine if it was a deliberate act of our founding fathers when they wrote our Constitution, or an inadvertent result – but either way it has given way too much power to a small group of people within our Government; especially when you consider they were not even directly elected by “We the People”, whom The Constitution was written for; to protect us against our Government.
The source of all of our laws (federal, state, and municipal) that we are governed by are derived from Constitutional Law; which is derived from The Constitution of The United States. The Constitution created The Federal (or National) Government which has three parts: The Congress (The Legislative Branch), The President & federal agencies (The Executive Branch), and The Federal Courts (The Judicial Branch); which includes our Supreme Court, and the lower courts under it; the Courts of Appeals and District Courts). The Constitution gave different but overlapping powers to these three branches, so that no one branch has the highest authority, but all branches are involved in the creation (and enforcement) of our Constitutional Law.
Congress is the branch of government created by The Constitution; whose primary responsibility is to create national (or federal) law, subject to the limitations set in The Constitution. Congress is made up of two chambers: The House of Representatives and The Senate, which along with the Presidency, are filled by direct election by the American public; which is to ensure power over their government by the voters, and not the opposite.
To the best of my understanding: The Judicial Branch was created not to create law, but just to determine if our laws are Constitutional, or not. If they determine a law is not, then it is suppose to go back to Congress (be it Federal or State) that passed that law; to address whatever part of that law that was deemed to be un-Constitutional: To rewrite the law itself, or address the issue by an Amendment to our Constitution.
Or, Congress can let the judges’ decision stand, and do nothing; which then makes that law null and void. For whatever reason – it seems our Congress is too willingly to just do nothing; thus making our judges the ultimate lawmakers, instead of Congress.
It may be that our founding fathers naively believed that our judges would be politically or socially unbiased in their decisions; that they would always make their decisions based upon our Constitution as understood by the original authors; who wrote it with a Judeo-Christian understanding. The founders of this nation could not have anticipated all the possible challenges to our Constitutional Law that would arise in generations to come. Nor the changes in attitudes toward Biblical Morals and Values that this great nation was founded upon; as clearly seen in the language of our Constitution, itself, and the laws that were derived from it for more than 200 years.
To believe that anyone (including judges) are without political biases is a failure to understand how we all think, feel, and react is derived from our communities from which we came from (be it our home, religion, race, and our politics).
This susceptibility of being bias in one’s thinking – makes it extremely dangerous to put such supreme power into the hands of such a small group of people, overseeing the lives of millions of its citizens.
All one has to do is to research the 200 plus years history of our Courts, to find an ongoing pattern of overreach by our judges “legislating from the bench”, who disregarded the will of the people; instead making their legal decisions based upon their own political or social ideologies; which they derived from whichever political party they are associated with and/or social background.
When Judges interpret the Constitution without a Judeo-Christian understanding, their decisions can not only be wrong, but evil: One such instance would be on 03.06.1857 in the Supreme Court Case of Dred Scott v. Sanford; when the then Chief Justice read the majority opinion of the Court, which stated that slaves were not citizens of the United States, and therefore could not expect any protection from the Federal Government or the courts, and that Congress had no authority to ban slavery. This decision was a seven to two decision, whereas the seven judges were either slave owners themselves or supporters of those who were; who were all members of the Democratic Party. The two dissenting justices of the nine-member Court were the only Republicans.
This “Supreme Lawmaking” led up to the Civil War, with the Confederacy (then made up of the Democratic controlled South) fighting for the right to continue to own slaves and the Union Army (then made up of the Republican controlled North) fighting to abolish slavery.
By the way – when this horrific decision was finally overturned, it was not overturned by another Supreme Court decision, but instead it was by way of a Republican controlled Congress; who amended (The 13th & 14th Amendments) to the Constitution; which abolished slavery, by way of declaring all persons born in the United States to be citizens of the United States included black people.
The people of America (Christians, in particular) must understand that when you vote for an individual politician; you are not only voting for that one person, but you are also voting for the political platform of the political party they represent. And for the higher federal political offices, you are also in essence voting for (a lifetime appointment of) the federal judges, who will be nominated by our President and appointed by our Senators to determine what is legally permissible, and what is not; whose legal decisions will most unlikely be overturned (even the horrific ones that are clearly abominable sins against humanity).
You may disagree with me, but this is THIS ONE MAN’S OPINION. Please continue to read this column, as I continue to discuss subjects that matter to my God, to all of us, to all of our families, and to everyone else.
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10/12/2020 — adt
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