Judge Napolitano on the States and the Constitution

I disagree with the Judge in one respect and that the federal judiciary does not protect the minority from the majority. There job is to judge cases on the law created. This is to be done without regard to the effect the outcome would have on the minority. It is the job of the people to create a government that protects the minority and individual liberty through the constitution. If the people choose not to engage in that philosophy then it is the people to change the constitution into something that reflects their new philosophy and the courts then judge cases based on that new constitution or laws state.

If we were to allow the courts to make decisions on laws based on their negative or positive consequences then we allow for judicial activism to occur within the court system. The only 'judicial activism' that should occur is through the amendment process itself. Once that is done the courts will follow the new changes as instructed by the people.

I love the Judge and I really wish he would run for president! However, I do have to take exception with a few statements he makes in the video series. I HATE to bring these things up, because the Judge is an intellectual GIANT and a tireless champion of the Constitution. His accomplishments dwarf anything I have ever done. But I will humbly point out two things:

1. In the video that covers the Judicial branch. He says that the US Supreme Court is the highest court in the land, for whose decision, "there is no appeal."
I hope he meant no "judicial appeal". Both Jefferson and Madison held that state governments could interpret and enforce the Constitution within the boundaries of their state. See the Virginia and Kentucky Resolutions of 1798.

2. Judge Napolitano often says, "The states created the federal government."
If he means THE PEOPLE of the several states acting in their highest sovereign capacity as political societies through their respective state ratifying conventions, then I agree. But if he means the state legislatures or state governments, then I would have to disagree. Although the American people did not create the federal government in aggregate, as is sometimes falsely claimed, neither did the state governments create the United States. The United States is a contract between the people of the several states and their respective state governments and the federal government. Both state governments and the federal government get their power directly from the people.

I know this seems like I'm splitting hairs here, but the fact is, ideas have consequences.